(Through Hybrid Mode) vs Uddhaba Sadangi And Another
2025 Latest Caselaw 2248 Ori

Orissa High Court

(Through Hybrid Mode) vs Uddhaba Sadangi And Another on 8 January, 2025

Bench: Arindam Sinha, M.S. Sahoo

              IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 MATA No.342 of 2024
                                  (Through hybrid mode)
            Barsharani Sadangi                      ....             Appellant

                                                    Represented By Adv. -
                                               Mr. Mahadev Sahu, Advocate
                                         -versus-

            Uddhaba Sadangi and another             ....           Respondent
                                                       Represented By Adv. -

                               CORAM:
              THE HON'BLE MR. JUSTICE ARINDAM SINHA
                                           AND
                   THE HON'BLE MR. JUSTICE M.S. SAHOO
                                          ORDER

08.01.2025 Order No.

02. MATA no.342 of 2024 and I.A. no.396 of 2024

1. Mr. Sahu, learned advocate virtually appears on behalf of

applicant/appellant and prays for condonation of delay and

admission of the appeal.

2. Attached to the file is returned postal article bearing the

notice directed on 28th November, 2024. It bears postal

endorsement dated 18th December, 2024 saying 'addressee

refused to receive so return to sender'. Under sub-rule (5) in

rule 9 of order V, Code of Civil Procedure, 1908 refusal is

good service. As such respondents go unrepresented.

3. Perused the application for condonation of delay.

Applicant says she had engaged learned advocate on receiving

notice of the civil proceeding. After that there was no

communication. She ultimately went to Court and found the

civil proceeding had been dealt with on impugned judgment

dated 9th April, 2024, dissolving the marriage. That was

reason for delay in presenting the appeal.

4. We accept cause shown for presentation of the appeal on

reported delay of 112 days. More so because the application

goes unopposed. The delay is condoned and the appeal

admitted. The application is disposed of.

5. Appellant will put in requisites for issuance of notice of

appeal. The lower Court record be called for. Mr. Sahu is

requested to communicate website copy of this order to

learned advocate, who had represented respondents in the

Family Court and file the acknowledgement on adjourned

date.

6. List on 3rd February, 2025.

Digitally Signed                                                            Judge



Location: HIGH COURT OF ORISSA
Date: 09-Jan-2025 10:30:51

                                                                        (M.S. Sahoo)
                                                                           Judge