Priyatama Patro vs Sambhunath Dasadhikari .... Opposite ...
2025 Latest Caselaw 3282 Ori

Orissa High Court

Priyatama Patro vs Sambhunath Dasadhikari .... Opposite ... on 8 August, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                              TRP(C) No.188 of 2025

                 Priyatama Patro                     ....         Petitioner
                                                     Ms. Mamatarani Padhi,
                                                            Proxy Counsel

                                          -versus-
                 Sambhunath Dasadhikari              ....     Opposite Party



                  CORAM: JUSTICE SANJAY KUMAR MISHRA


                                       ORDER

08.08.2025 Order No.

02. This matter is taken up through hybrid mode.

2. Office note indicates that notice issued to the Opposite Party through Registered Post with AD returned unserved with a noting "insufficient address".

3. Ms. M. Padhi, learned Proxy Counsel, on behalf of Mrs. S. Pani, learned Counsel for the Petitioner appears through Virtual Court, Ganjam at Berhampur and submits, the address of the present Opposite Party furnished in the present transfer petition is based on the address furnished in C.P. No.313 of 2025, in which he is the Petitioner.

4. That apart, the Court's order dated 07.07.2025, vide which further proceeding of C.P. No.313 of 2025, pending in the Court of learned Judge, Family Court, Bhubaneswar, was stayed by this Court, was also produced before the Court below. Hence, it can be well presumed that the

Opposite Party, though is well aware about the pendency of the present transfer petition, is intentionally avoiding to receive notice and appear in this case.

5. However, it view of the submission made by learned Counsel for the Petitioner 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 Opposite Party is held to be sufficient.

6. However, to give further opportunity to the Opposite Party-husband, the matter stands adjourned, to be listed in the week commencing from 22nd September, 2025.

7. Office is directed to communicate a copy of this order to the Court below, who shall do well to communicate the same to the present Opposite Party directly or through his Counsel, who represents him in C.P. Case No.313 of 2025, and report compliance before the next date of listing.

8. It is made clear that if the Opposite Party goes unrepresented on the adjourned date, the transfer petition shall be heard and disposed of in absence of the Opposite Party in accordance with law.

9. Interim order passed earlier shall continue till the next date.

(S.K. Mishra) Kanhu Judge

Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 08-Aug-2025 21:15:15