Narmada Sahoo vs Rajesh Kumar Behera
2024 Latest Caselaw 16556 Ori

Orissa High Court

Narmada Sahoo vs Rajesh Kumar Behera on 12 November, 2024

Bench: Arindam Sinha, M.S. Sahoo

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                            MATA No.261 of 2024


            Narmada Sahoo                        ....           Appellant

                                           Represented by Advocate(s) -

                                     Mr. Ashok Kumar Behera, Advocate

                                     -Versus-
            Rajesh Kumar Behera                  ....         Respondent

                                           Represented by Advocate(s) -

                                    Mr. Ashok Kumar Sarangi, Advocate


                                   CORAM:

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


                                     ORDER

12.11.2024

I.A. no.285 of 2024 and MATA no.261 of 2024 Order No.

02. 1. Mr. Behera, learned advocate appears on behalf of

applicant-appellant and presses for condonation of delay and

admission of the appeal. Mr. Sarangi, learned advocate

appears on behalf of respondent and reiterates his submission

that the appeal is not maintainable.

2. Perused the application. Applicant's contention is that

impugned judgment having been made ex-parte against her,

on coming to know, she took steps forthwith for preferring the

appeal.

3. We accept causes for the delay. The delay is condoned

and the appeal admitted. The application is allowed and

disposed of.

4. Mr. Sarangi waives formal notice of appeal. The lower

Court record be called for. The maintainability and all other

points will be decided at hearing of the appeal.

5. At this stage submission at the Bar is, the appeal can be

disposed of without adjudication. Mr. Sarangi submits, his

client will pay ₹3,00,000/- (rupees three lakhs) as permanent

alimony. Mr. Behera submits, his client will accept the

amount and on her part will take steps to withdraw/get

dropped the pending criminal cases. There is one criminal

case filed by appellant's side. Mr. Sarangi submits, his client

will correspondingly also take steps to have it

withdrawn/dropped.

6. Respondent will tender ₹3,00,000/- by demand draft

drawn in favour of appellant for order being made to dispose

of the appeal, on adjourned date.

7. List on 21st November, 2024.

(Arindam Sinha) Judge

(M.S. Sahoo) Judge

RKS

Designation: Assistant Registrar-Cum-Senior Secretary