Citation : 2023 Latest Caselaw 13233 Ori
Judgement Date : 19 October, 2023
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA No. 322 of 2023
Sri Bimalendu Mishra .... Appellant
Mr. Gautam Kumar Acharya, Advocate
-versus-
Silpa Mishra .... Respondent
CORAM:
JUSTICE ARINDAM SINHA
JUSTICE SIBO SANKAR MISHRA
ORDER
19.10.2023 Order No. I.A. no.337 of 2023
1. 1. Mr. Acharya, learned advocate appears on behalf of appellant-
husband. He submits, his client is aggrieved by judgment 4th September, 2023 of the family Court to extent that there was erroneous fixation of permanent alimony. His client is presently unemployed. The appeal has been filed in time.
2. Appellant will put in requisites for issuance of notice of appeal. Lower Court record be called for.
3. Mr. Acharya prays for interim stay of impugned judgment. On query from Court he submits, there was direction for payment of interim maintenance at Rs.3,000/- per month. There are some arrears. On further query from Court he submits, the arrears will be liquidated along with his client continuing to pay interim maintenance as pre- condition for stay of impugned judgment, till pendency of the appeal.
// 2 //
4. In view of last preceding paragraph, there will be stay of operation of impugned judgment, unconditionally till 31 st October, 2023, after which it will continue provided appellant pays the arrears and continues to pay current interim maintenance at Rs.3,000/- per month during pendency of the appeal.
5. List on 22nd November, 2023.
(Arindam Sinha) Judge
(S.S. Mishra) Judge Sks
Signature Not Verified Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 19-Oct-2023 16:28:55
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