Sonika Patel vs Ashish Kumar Patel
2025 Latest Caselaw 6453 Ori

Orissa High Court

Sonika Patel vs Ashish Kumar Patel on 25 August, 2025

Author: Mruganka Sekhar Sahoo

Bench: Mruganka Sekhar Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MATA No.360 of 2023

            Sonika Patel                                ....              Appellant
                                                            Represented by Adv.-
                                                           Mr. S. Panda, Advocate
                                           -Versus-
            Ashish Kumar Patel                          ....            Respondent
                                                              Represented by Adv.-

                               CORAM:
             HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                                AND
            HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO
                                           ORDER

Order No.                                 25.08.2025

  05.        1.      Pursuant to our order dated 07.08.2025, the Registrar

Judicial was placed on record, the notes which are reproduced herein: -

"In obedience to the order of the '.Hon'ble Court, it is submitted that Rule 6, Chapter-VIII of the Rules of the High Court of Orissa, 1948; provides that :-

"A memorandum of appeal or application for revision of an appellate decree or order shall be accompanied by copies of the judgments of both the Lower Courts and if filed by an Advocate shall bear a certificate under his hand that in his opinion each of the grounds taken in the appeal or application is a good ground for appeal or for revision.

In appeals from original decrees the memorandum of appeal shall be- accompanied. by the requisite process-fee and the process forms, duly filled in, the date of appearance and the date of the notice being left blank."

Further, Rule 7 provides that: -

"When, an appeal or application is not accompanied by the necessary copies of judgments, the Registrar may allow time, for production of the same. If copies are not produced within the. Time allowed the. appeal or application, shall be laid before the Court for orders."

Here in this case instead of filing certificate copy, the Xerox copy of "the judgment was filed along with an interim application for dispensing with the filing of certified copy of the judgment. As because as per Rule the certified copy of the judgment which has been assailed has not been filed, the same should have been placed before the Hon'ble Court for orders. The stamp reporting should have been done after disposal of the interim application. Placed for favour of kind consideration and orders."

2. It is submitted by the learned counsel appearing for the appellant that he does not wish to proceed with the appeal.

It is further submitted by the learned counsel for the appellant, the affidavit/I.A./memo on behalf of the appellant seeking withdrawal of this appeal shall be filed during course of the day as such, the appeal is defective, as the certified copy of the judgment dated 29.07.2022 has not yet been filed.

3. The matter be listed tomorrow (26.08.2025), under the heading 'For Orders'.

                                                                           (Manash Ranjan Pathak)
                                                                                 Judge



Signed by: NARAYAN HO                                                  (Mruganka Sekhar Sahoo)

Location: OHC                                                                 Judge
           Narayan/Ranjeeta
Date: 26-Aug-2025    10:29:53