Sourav Nayak vs Simarani Nayak @ Samal
2024 Latest Caselaw 10327 Ori

Orissa High Court

Sourav Nayak vs Simarani Nayak @ Samal on 21 June, 2024

Bench: Arindam Sinha, M.S.Sahoo

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                           MATA No.448 of 2023
Sourav Nayak                                 .....                 Appellant

                                                        Represented by Adv.-
                                                            Mr. B. Tripathy,
                                                                   Advocate

                                  -versus-
Simarani Nayak @ Samal                       .....               Respondent

                                                       Represented by Adv.-



                                 CORAM:
            THE HON'BLE MR. JUSTICE ARINDAM SINHA
                                    AND
                 THE HON'BLE MR. JUSTICE M.S.SAHOO


                                  ORDER

21.06.2024 I.A. no.474 of 2023 and MATA no.448 of 2023 Order No.

05. 1. The appeal was presented on reported delay of 1899 days. On

presentation of the appeal, accompanied by application for

condonation of delay, Mr. Tripathy, learned advocate appearing on

behalf of the husband had moved the application before us on 7 th

February, 2024. There was direction for issuance of notice on the

application and appeal. Respondent goes unrepresented in spite of

good service as will appear from paragraphs-1 and 2 of order dated

12th March, 2024, reproduced below.

"1. Mr. Biswal, learned advocate appears on behalf of applicant/appellant-husband and submits, the second notice was served on 7th March, 2024 as confirmed by the track consignment.

2. None appears on behalf of respondent-wife. We think fit to adjourn the application and appeal awaiting respondent-wife entering appearance in the meantime. In event no appearance is entered on adjourned date or thereafter, we will proceed with hearing of the application and the appeal."

2. Today Mr. Tripathy submits, his client is aggrieved by

judgment dated 9th July, 2018 of the Family Court inasmuch as

exorbitant sum of ₹10,00,000/- was directed to be paid as

permanent alimony. He submits further, respondent-wife had filed

for setting aside impugned judgment, made ex-parte against her.

She applied in year 2019 and her application was recently disposed

of on allowing it. Impugned judgment was recalled. Against the

recalling order, his client has filed MATA no.187 of 2024. In the

circumstances, present appeal has become infructuous.

3. In spite of good service respondent goes unrepresented. In

view of aforesaid, particularly that impugned judgment stands

recalled by the Family Court, we accept causes shown in the

application and condone the delay. The appeal is admitted. The

application is disposed of.

4. Also in view of aforesaid, the appeal having become

infructuous, no order need be made on it. It is disposed of.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge Radha/Jyostna