Ellora Pattnaik vs Surya Kanta Mohanty
2023 Latest Caselaw 12719 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MATA No.331 of 2023

            Ellora Pattnaik                         ....             Appellant

                                            Mr. G. Mishra, Senior Advocate
                                        -versus-

            Surya Kanta Mohanty                     ....           Respondent


                    CORAM:
                                 JUSTICE ARINDAM SINHA
                                 JUSTICE SANJAY KUMAR MISHRA
                                        ORDER

13.10.2023 Order No.

01. 1. Mr. Mishra, learned senior advocate appears on behalf of

appellant-wife. He submits, his client is aggrieved by order dated 12th

September, 2023 rejecting her application under order IX rule 13,

Code of Civil Procedure, 1908. She has preferred this appeal within

time.

2. He submits further, his client has filed for divorce. Respondent-

husband has counter filed for restitution of conjugal rights. Regarding

the restitution case, his client had petitioned this Court for transfer and

there was order of stay. The stay order was limited in time,

inadvertently not renewed. Impugned judgment was made. Hence, it is

imperative that the order be set aside and the restitution case restored

// 2 //

as otherwise finding in it will militate against his client's case in the

divorce proceeding.

3. Appellant will put in requisites for issuance of notice of appeal.

Lower Court record be called for.

4. Mr. Mishra's prayer for interim stay will be dealt along with

the appeal.

5. List for hearing on 16th November, 2023.

(Arindam Sinha) Judge

(S.K. Mishra) Judge

Jyoti

Signature Not Verified Digitally Signed Signed by: JYOTIPRAVA BHOL Reason: Authentication Location: HIGH COURT OF ORISSA Date: 13-Oct-2023 18:02:21