Nalini Biswal vs Rakesh Parida
2023 Latest Caselaw 2625 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK


                                   MATA No.249 of 2022
         Nalini Biswal               .... .....                     Appellant
                                                              Mr. S. Swain, Adv.


                                          -Versus-


         Rakesh Parida                    ............                 Respondent
                                                                 None

                                        CORAM:
                                        JUSTICE S. TALAPATRA
                                        JUSTICE SAVITRI RATHO
                                            ORDER

31.03.2023

Order No. I.A. No.289 of 2022

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

2. Heard Mr. S. Swain, learned counsel appearing for the applicant. None appears for the Opposite Party despite due notice from this court.

3. This is an application under Section 5 of the Limitation Act for condoning the delay of 5 days in preferring the appeal against the Judgment dated 22.08.2022 delivered in Civil Proceeding No.98 of 2019 by the Judge, Family Court, Dhenkanal.

4. We have examined the causes assigned for explaining the delay. We are satisfied that the short delay, as sought to be condoned, can be condoned.

5. Accordingly, the delay stands condoned.

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

                                                                      (S. Talapatra)
                                                                           Judge



                                                                     (Savitri Ratho)
                                                                          Judge



Order No.                                      MATA No.249 of 2022
   05.                 1.      In view of the order passed today in I.A. No.289 of 2022, this

appeal is taken up for consideration.

2. Heard Mr. S. Swain, learned counsel appearing for the appellant.

3. Admit.

4. Call for LCRs, scanned or photocopies.

5. Issue notice.

6. Notice is made returnable on 03.05.2023.

7. The appellant shall take steps for service of notice on the sole respondent by Registered Post with A.D. within 05.04.2023.

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

(S. Talapatra) Judge

(Savitri Ratho) Judge Rati Ranjan