Talluri Hemanth Kumar vs Nallabilli Uma Devi And Another
2023 Latest Caselaw 14023 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                MATA No.275 of 2023


            Talluri Hemanth Kumar                  ....                     Appellant

                                                         Mr. R. Agarwal, Advocate
                                                        Mrs. R. Rajgarhia, Advocate

                                            -versus-

            Nallabilli Uma Devi and another        ....                  Respondents


            CORAM:
                          JUSTICE ARINDAM SINHA
                          JUSTICE SIBO SANKAR MISHRA
                                         ORDER

09.11.2023

MATA No.275 of 2023 and I.A. no.283 of 2023

Order No.

03. 1. Mrs. Rajgarhia, learned advocate appears on behalf of

applicant/appellant-husband. She submits, she took steps for issuance

of notice directed by our order dated 6th October, 2023. Noting is that

postal articles have been returned bearing endorsement 'refused'. The

delay be condoned and the appeal admitted.

2. On query from Court she submits, there was no direction for

payment of interim maintenance. Her client is aggrieved by the

quantum of maintenance directed by impugned judgment dated 5th

// 2 //

April, 2023. However, on his own he makes payment for upkeep of

the child and will continue to do so. She will file memo on adjourned

date to demonstrate the payments made.

3. We have ascertained from the postal articles in the file they

bear endorsement 'refused'. As such, there has been good service.

4. Perused causes shown in the application. We accept them and

condone the delay. The appeal is admitted and the application (I.A.

no.283 of 2023) disposed of.

5. Mrs. Rajgarhia presses the other application for stay of

impugned judgment. We will consider the same on adjourned date

since on query from Court we are told that her client has not yet

received notice of execution.

6. List on 22nd November, 2023. In event, appellant gets notice

of execution fixed on a day prior to the appeal taken up for hearing,

he may produce this order and pray for adjournment.

7.

( Arindam Sinha ) Judge

Signature Not Verified ( S. S. Mishra ) Digitally Signed Judge Signed by: PRASANT KUMAR SAHOO Reason: Authentication Location: OHC Date: 09-Nov-2023 17:59:26 Prasant