Sumitra Mallick vs Samir Kanta Mallick .... Opposite Party
2025 Latest Caselaw 6891 Ori

Citation : 2025 Latest Caselaw 6891 Ori
Judgement Date : 9 April, 2025

Orissa High Court

Sumitra Mallick vs Samir Kanta Mallick .... Opposite Party on 9 April, 2025

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                TRP(C) No.394 of 2019

                 Sumitra Mallick                     ....             Petitioner
                                                                          None


                                          -versus-
                 Samir Kanta Mallick                 ....      Opposite Party



                   CORAM: JUSTICE SANJAY KUMAR MISHRA


                                        ORDER

09.04.2025 Order No.

05. This matter is taken up through hybrid mode.

2. Learned Counsel for the Petitioner is absent on call.

3. Though, pursuant to order dated 16.07.2020, notice on admission and stay was issued to the Opposite Party by Registered Post with A.D. vide memo no.4973 dated 29.07.2020 fixing the date of appearance to 17.08.2020, the said notice has returned unserved with a noting "the addressee left".

4. That apart, it is ascertained from the record that relevant portion of the stay order dated 16.07.2020, vide which further proceeding in C.P. Case No.161 of 2018 was stayed, was communicated to the Court below for information and necessary action. Hence, it can be well presumed that the present Opposite Party, being Petitioner in C.P. Case No.161 of 2018, must be well aware about the pendency of the present transfer petition and intentionally avoiding to appear before this Court.

5. However, in view of the noting of the postal department so also judgments of the Supreme Court reported in AIR 1989 SC 630 (M/s. Madan & Co. Vs. Wazir Jaivir Chand), in (1999) 7 SCC 510 (K. Bhaskaran Vs. Sankaran Vaidhyan Balan & anr.), in (2006) 6 SCC 456 (D. Vinod Shivappa Vs. Nanda Belliappa), in (2007) 6 SCC 555 (C.C. Alivi Haji Vs. Palapetty Muhammed & anr.) and in (2014) 12 SCC 685 (Ajeet Seeds Limited Vs. K. Gopal Krishnaiah), notice on the sole Opposite Party is held to be sufficient.

6. Office is directed to call for a report urgently from the Court below regarding the present status of C.P. Case No.161 of 2018, pending in the Court of Family Judge, Puri before the next date of listing.

7. The matter be listed during next session of this Bench.

8. Interim order dated 16.07.2020, passed in I.A. No.432 of 2019, shall continue till the next date, subject to pendency of C.P. Case No.161 of 2018.

(S.K. MISHRA) JUDGE Banita

Signed by: BANITA PRIYADARSHINI PALEI

Location: HIGH COURT OF ORISSA, CUTTACK Date: 10-Apr-2025 16:40:07