Citation : 2025 Latest Caselaw 2172 Ori
Judgement Date : 7 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.242 of 2024
Lipsita Shabar .... Petitioner
Mr. R.Chhotray, Advocate
-versus-
Sudhir Kumar Bhoi .... Opposite Party
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
07.01.2025 Order No.
03. This matter is taken up through hybrid mode.
2. Though notice was issued to the Opposite Party- Husband, as per the office note, the same has returned unserved with a noting that "Addressee long absent".
3. In view of the 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.
4. Mr. Chhotray, learned Counsel for the Petitioner admits that he is also the Counsel of the present Petitioner, who is the Opposite Party in CP No.803 of 2023. Hence, to give further opportunity to the Opposite Party-Husband, this Court directs the learned Counsel for the Petitioner to communicate a digitally signed copy of this order, available in the website of this Court, either to the Opposite Party or his Counsel in CP No.803 of 2023, obtain proper acknowledgment/receipt and file the same with the Registry before the next date of listing.
5. The matter be listed in the week commencing from 20th January, 2025.
6. It is made clear that if the Opposite Party goes unrepresented on the adjourned date, the Transfer Petition shall be dealt with and disposed of in absence of the Opposite Party-Husband in accordance with law.
(S.K. MISHRA)
Banita JUDGE
Signed by: BANITA PRIYADARSHINI PALEI
Location: HIGH COURT OF ORISSA, CUTTACK Date: 08-Jan-2025 16:02:51
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