Biswaranjan Mohanty vs Prathana Das .... Opposite Party
2025 Latest Caselaw 2553 Ori

Orissa High Court

Biswaranjan Mohanty vs Prathana Das .... Opposite Party on 13 January, 2025

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                              TRPCRL No.10 of 2024

                 Biswaranjan Mohanty                ....              Petitioner

                                   Mr. T.K. Mohanty,
                                   Advocate

                                         -versus-
                 Prathana Das                       ....        Opposite Party



                   CORAM: JUSTICE SANJAY KUMAR MISHRA

                                         ORDER

13.01.2025 Order No.

11. This matter is taken up through hybrid mode.

2. Though, pursuant to order dated 11.12.2024, notice was issued to the Opposite Party, as per the Office Note, the said notice returned undelivered with postal endorsement "Address cannot be located, return to sender".

3. Learned Counsel for the Petitioner submits, copy of the Transfer Petition, order passed by this Court so also present case status were sent by his client to the Opposite Party through Whatsapp. He files print out of the said messages sent to the Opposite Party in Court. The same are kept on record. Apart from that, learned Counsel for the Petitioner submits, the stay order passed by this Court was produced in C.R.P. No.221 of 2023, pending in the Court of Judge, Family Court, Cuttack, which has been preferred by the present Opposite Party-wife. Though she is well aware about the present transfer proceeding, but intentionally is avoiding to appear in this case.

4. On verification of the record, it is found that the address of the present Opposite Party, furnished in the cause title, tallies with the address furnished by her in C.R.P. No.221 of 2023.

5. 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 Page 2 of 2 Krishnaiah), notice on the Opposite Party is held to be sufficient.

6. However, to give further opportunity to the Opposite Party-wife, the matter stands adjourned, to be listed in the week commencing from 3rd February, 2025.

7. Learned Counsel for the Petitioner is directed to communicate the digitally signed copy of this order, available in the website of this Court, to the Opposite Party-wife or her lawyer, who represents her in C.R.P. No.221 of 2023 and take their endorsement on such order and file an Affidavit with the Registry to the said effect before the next date of listing.

8. The matter be listed in the week commencing from 3 rd February, 2025.

9. It is made clear that if the Opposite Party goes unrepresented on the adjourned date, the Transfer Petition shall be taken up and disposed of in absence of Opposite

Party in accordance with law.

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

(S.K. Mishra) Prasant Judge

Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 15-Jan-2025 15:21:17