Manisha Nayak vs Vivek Nayak
2023 Latest Caselaw 2054 Ori

                  IN THE HIGH COURT OF ORISSA AT CUTTACK


                                 MATA No.253 of 2022

         Manisha Nayak                       .... .....                 Appellant
                                                            Mr. J.K. Khandayatray, Adv.
                                         -Versus-


         Vivek Nayak                   ............                          Respondent
                                                                  Mr. A. Tripathy, Adv.


                                       CORAM:
                                       JUSTICE S. TALAPATRA
                                       JUSTICE SAVITRI RATHO

                                                 ORDER

10.03.2023 Order No. I.A. No.12 of 2023

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard Mr. J.K. Khandayatray, learned counsel appearing for the applicant as well as Mr. A. Tripathy, learned counsel appearing for the Opposite Party.

3. This is an application under Section 5 of the Limitation Act for condoning the delay of 14 days in filing the appeal against the Judgment dated 16.08.2022 delivered in Civil Proceeding No.172/294 of 2021 by the Judge, Family Court, Nayagarh.

4. Mr. Tripathy, learned counsel appearing for the Opposite Party has fairly submitted that he has instructions not to oppose the prayer for condoning the delay.

5. Having perused the causes assigned for explaining the delay and we are of the view that the applicant has successfully made out a case for condonation of delay.

6. Accordingly, the delay stands condoned.

7. In the result, this interlocutory application stands allowed and disposed of.

                                                           (S. Talapatra)
                                                              Judge



                                                          (Savitri Ratho)
                                                             Judge



Order No.                           MATA No.253 of 2022
   05.      1.      In view of the order passed today in I.A. No.12 of 2023, this

matter is taken up for consideration.

2. Heard Mr. J.K. Khandayatray, learned counsel appearing for

the appellant.

3. Admit.

4. Call for LCRs, scanned or photocopies.

5. Issue notice.

6. Notice is made returnable on 27.04.2023.

7. Since Mr. A. Tripathy, learned counsel appears and waives

notice for the respondent, no formal notice is called for but Mr.

Khandayatray, learned counsel shall supply a copy of the

memorandum of appeal with all enclosures to Mr. Tripathy, learned

counsel in the course of the day.

8. Registry is directed to procure the LCRs by the next.

(S. Talapatra) Judge

(Savitri Ratho) Judge

Rati Ranjan