Himantini Manjari Sethy vs Bijay Kumar Sethy
2023 Latest Caselaw 5813 Ori

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                         MATA No. 32 of 2023
            Himantini Manjari Sethy          ........             Appellant
                                                  Mr. N.K. Sethy, Advocate
                                       on behalf of Mr. S.P. Dash, Advocate

                                   -versus-
            Bijay Kumar Sethy                 ......          Respondent
                                              Ms. Radhika Hans, Advocate

                         CORAM:
                         JUSTICE S. TALAPATRA
                         JUSTICE SAVITRI RATHO
                                  ORDER

11.05.2023

I.A. No.71 of 2023 Order No.

03. 1. This matter is taken up through hybrid mode.

2. Heard Mr. N.K. Sethy, learned counsel appearing for the applicant on instruction of Mr. S.P. Dash, learned counsel and also heard Ms. R. Hans, learned counsel appearing for the Opposite Party.

3. This is an application under Section 5 of the Limitation Act for condoning the delay of 05 days in preferring the appeal from the judgment dated 28.10.2022, delivered in Civil Proceeding No.89 of 2017 by the Judge, Family Court, Keonjhar.

4. It has been stated by the applicant that she was not aware of the provision of limitation and as such, she could not

contact the counsel to prepare the appeal and file the same. In the process, the delay of 05 days has occurred.

5. Ms. Hans, learned counsel appearing for the Opposite Party has submitted that even though the delay is short, but that delay has not been properly explained. As such, this court should not condone the delay.

6. Having regard to the period of delay, we are of the view that the delay is liable to be condoned and accordingly the same is condoned.

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

(S. Talapatra) Judge

(Savitri Ratho) Judge

MATA No.32 of 2023 Order No.

04. 1. In view of the order passed today in I.A. No.71 of 2023, this appeal is taken up for consideration.

2. Heard Mr. N.K. Sethy, learned counsel appearing on instruction of Mr. S.P. Dash, learned counsel for the Appellant.

3. Admit.

4. Call for LCRs, scanned or photocopies.

5. Issue notice. Notice is made returnable on 12th July, 2023.

6. Since Ms. R. Hans, learned counsel appears and waives notice for the Respondent, no formal notice is called for.

7. We direct the Appellant to supply a copy of the memorandum of appeal along with all enclosures to Ms. Hans, learned counsel for the Respondent in the course of the day.

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

(S. Talapatra) Judge LITARAM Digitally signed by LITARAM MURMU

MURMU 17:03:06 +05'30' Date: 2023.05.11

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(Savitri Ratho) Judge

Murmu