Pankajini @ Puspa Kanhar @ vs Dillip Kumbhar
2023 Latest Caselaw 11081 Ori

Signature Not Verified
Digitally Signed
Signed by: SASANKA SEKHAR SATAPATHY
Reason: Authentication
Location: HIGH COURT OF ORISSA CUTTACK
Date: 12-Sep-2023 10:50:29


                                       IN THE HIGH COURT OF ORISSA AT CUTTACK
                                                      W.P.(C) NO. 9603 OF 2023
                                     Pankajini @ Puspa Kanhar @                   ....         Petitioner
                                     Kumbhar
                                                                  Mr. Himanshu Sekhar Mishra, Advocate
                                                                 -versus-
                                     Dillip Kumbhar                                ....       Opp. Party

                                                CORAM:
                                                JUSTICE K.R. MOHAPATRA
                                                        ORDER

                    Order No.                          11.09.2023
                      2.        1.       This matter is taken up through hybrid mode.

2. This writ petition has been filed assailing the order dated 7th January, 2022 (Annexure-5) passed by learned Judge, Family Court, Bolangir in IA (MJC) No.4 of 2016, whereby an application under Order IX Rule 13 CPC to set aside ex-parte judgment and decree dated 11th March, 2016 passed in CS (Mat) No.97/120 of 12-13 has been dismissed.

3. In course of hearing, Mr. Mishra, learned counsel for the Petitioner prays for withdrawal of the writ petition to file properly constituted appeal under Section 19 of the Family Courts Act, 1984 to assail the impugned order under Annexure-5.

4. In view of such submission, the writ petition is disposed of as withdrawn.

5. Certified copy of the Annexure-5 shall be returned to learned counsel for the Petitioner on being substituted with attested photocopy thereof.

Issue urgent certified copy of the order on proper application.

                                                                    (K.R. Mohapatra)
    s.s.satapathy                                                         Judge