Mitalee Jesthi vs Mukesh Ram
2025 Latest Caselaw 3337 Ori

Orissa High Court

Mitalee Jesthi vs Mukesh Ram on 11 August, 2025

Author: Mruganka Sekhar Sahoo

Bench: Mruganka Sekhar Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                MATA No.80 of 2024


            Mitalee Jesthi                      ....             Appellant

                                                  Represented By Adv. -
                                Mr. B.K. Sharma, Sr. Advocate along with
                                                 Mr. R. Sahoo, Advocate
                                     -versus-

            Mukesh Ram                          ....           Respondent
                                                  Represented By Adv. -
                                             Mr. P.K. Mohanty, Advocate


                             CORAM:
                             JUSTICE MANASH RANJAN PATHAK
                             JUSTICE MRUGANKA SEKHAR SAHOO

                                        ORDER

11.08.2025 (Hybrid Mode) Order No.

08. 1. Mr. Sharma, learned Sr. Advocate appearing for the appellant submits that he has recently engaged in the matter. He reiterates the submissions made by the learned counsel who had earlier appeared regarding applicability of the case in Priya Prabhakaran and another v. D Santosh Kumar and others (Judgment dated 6th December, 2019 of the Supreme Court in Criminal Appeal No.1850 of 2019).

2. Earlier the matter was heard in extenso before the coordinate Bench where one of us (M.S. Sahoo,J.) was a member, particularly the orders dated 05.04.2024, 09.05.2024, 16.05.2024

and 25.06.2024, where the contentions of the parties were noted as argued before the co-ordinate Bench. Those orders are brought to the notice of learned Senior Counsel appearing for the appellant today.

3. It is submitted by the learned Senior Counsel that the respondent had option of challenging the ex-parte decree. It is further submitted that the principle laid down in Priya Prabhakaran (supra) is applicable to the present case.

4. Mr. Mohanty, learned counsel appearing for the respondent reiterates his submissions as noted in the earlier orders dated 05.04.2024, 09.05.2024, 16.05.2024 and 25.06.2024. He refers to the schedule appended to the Limitation Act, 1963 read with Sections 2(j) and 3 Part VI i.e. 'suits relating to movable property', the property being gold ornaments. In the present case the decree obtained by the appellant ex-parte against the respondent was in 2008 in a suit of 2007. Sections 2(j) and 3 read with Part-VI of schedule of the Limitation Act i.e. 'suits relating to movable property' reads as under :

Schedule -

Description of suit Period of Time from which limitation period begins to run

69. For other specific movable Three When the property is property years wrongfully taken.

5. On consent, list on 08.09.2025.

(Manash Ranjan Pathak) Judge

(Mruganka Sekhar Sahoo) Radha Judge