Krushna Piyush Dash & vs Kamal Kumar Dash
2025 Latest Caselaw 7054 Ori

Orissa High Court

Krushna Piyush Dash & vs Kamal Kumar Dash on 15 April, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                        GUAP No. 15 of 2024

        Krushna Piyush Dash &             ...          Appellants
        Another
                                      Mr. S.P. Dash, Advocate
                               -versus-
        Kamal Kumar Dash                  ...         Respondent


                              CORAM:
                       JUSTICE G. SATAPATHY

                            ORDER(ORAL)

15.04.2025 GUAP No. 15 of 2024 & I.A. No. 23 of 2024 Order No.

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

2. This is appeal U/S.47 of the Guardians and Wards Act, 1890 (in short "the Act") against the impugned judgment dated 29.04.2019 passed by learned Judge, Family Court, Puri in C.P. No. 199 of 2017 allowing the application declaring the respondent as guardian of appellant No. 1 and directing appellant No.2 to hand over the custody of appellant No. 1 to the respondent.

3. Admittedly, this appeal has been filed with a delay of 1911 days, but an application has been annexed with this appeal for condonation of delay in I.A. No. 23 of 2024.

4. Heard, Mr. Sarada Prasad Dash, learned counsel for the appellants and perused the record.

5. Since the matter pertains to custody of the minor child, this Court consider it proper to issue notice to the respondent. Accordingly, issue notice on limitation against respondent through Speed Post/ Registered Post with AD by fixing a short returnable date. Requisites for issuance of notice to the respondent shall be filed within three working days.

6. List this matter on 13th May, 2025.

(G. Satapathy) Judge S.Sasmal

Location: High Court of Orissa Date: 16-Apr-2025 10:42:07