Akhilesh Panigrahi vs Baijayanti Mohapatra And ... Opposite ...
2024 Latest Caselaw 16600 Ori

Orissa High Court

Akhilesh Panigrahi vs Baijayanti Mohapatra And ... Opposite ... on 13 November, 2024

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                          RPFAM No.252 of 2024

     Akhilesh Panigrahi                       ...                  Petitioner
                                              Mr. N. Lenka, Advocate
                                -versus-
     Baijayanti Mohapatra and                 ...    Opposite Parties
     another                                                                      .




                                CORAM:
                         JUSTICE G. SATAPATHY
                                ORDER(ORAL)

13.11.2024 Order No.

01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Mr. Niranjan Lenka, learned counsel for the petitioner by inviting attention of the Court to the relevant part of the judgment in which it is stated that no evidence has been led by the OP, submits that judgment ex-parte has been passed in the guise of judgment on contest and, therefore, the petitioner craves for a leave to challenge such ex- parte judgment passed by the learned Judge, Family Court, Khurda in Criminal Proceeding No.93 of 2023 by filing an application under Section 126(2) of CrPC by invoking the proviso therein and in such event, the petitioner be permitted to prosecute his litigation before the concerned Court.

3. In view of the aforesaid submission, since there appears that the learned Judge, Family Court, Khurda has observed that OP has led no evidence, but has

passed the judgment by indicating in the ordering portion "the application is allowed in part on contest against the OP", the petitioner can agitate and seek redressal of his grievance to set aside the judgment passed in this case as ex-parte one against the OP.

4. In the result, by taking into consideration the limited submission as advanced by the learned counsel for the petitioner, the present RPFAM stands disposed of as withdrawn with liberty to the petitioner to approach the concerned Family Court for setting aside the ex-parte judgment passed in Criminal Proceeding No.93 of 2023 and in such event, the claim of the petitioner be examined in accordance with law.

(G. Satapathy) Judge

Subhasmita

Location: High Court of Orissa