Ashis Mohapatra vs Madhumita Behera
2024 Latest Caselaw 16313 Ori

Orissa High Court

Ashis Mohapatra vs Madhumita Behera on 6 November, 2024

Bench: Arindam Sinha, M.S. Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MATA No.353 of 2024
            Ashis Mohapatra                         ....              Appellant

                                                       Represented By Adv. -
                                                        Mr. A. Pati, Advocate
                                         -versus-

            Madhumita Behera                        ....            Respondent
                                                     Represented By Adv. -
                                              Mr. D.R. Mohapatra, Advocate

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

                                        ORDER

06.11.2024 Order No.

02. 1. Mr. Pati, learned advocate appears on behalf of appellant, who

was husband in the marriage dissolved by ex parte judgment and

decree dated 6th December, 2022 of the Family Court. Respondent had

filed for setting it aside. By impugned order dated 27th July, 2024, the

Family Court allowed the application. The appeal was preferred

against said order.

2. With reference to our query on order dated 7th October, 2024 he

submits, the appeal is not maintainable. His client will file for revision.

In the circumstances, his client does not want to prosecute the appeal

on liberty granted to petition for remedy as available in law. Mr.

Mohapatra, learned advocate appears on behalf of respondent.

3. The appeal is dismissed as not maintainable. Appellant will be

at liberty to find remedy in accordance with law and also be entitled to

seek exclusion time, if necessary.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge

Jyoti

Location: HIGH COURT OF ORISSA