Citation : 2025 Latest Caselaw 2684 Ori
Judgement Date : 16 January, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.384 of 2024
Archanarani Behera .... Petitioner
Mr. U.C. Mohanty, Advocate
-versus-
Soumya Ranjan Behera .... Opposite Party
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
16.01.2025 Order No.
02. This matter is taken up through hybrid mode.
2. Though pursuant to order dated 04.12.2024, notice was issued to the sole Opposite Party by Registered Post with AD, the same has returned undelivered with a postal endorsement that "Addressee left without any instruction". In view of the said noting so also 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 sole Opposite Party is held to be sufficient.
3. Learned Counsel for the Petitioner submits, interim order of stay dated 04.12.2024 was produced before the Court below, in which the Opposite Party is the Petitioner. Though he is well aware about the pendency of the present transfer petition, intentionally he is avoiding to receive notice from this Court and appear in this case.
4. However, to give further opportunity to the Opposite Party, the matter stands adjourned, to be listed in the week commencing from 10th February, 2025 under the heading "For Admission".
5. Interim order passed earlier shall continue till the next date.
(S.K. MISHRA) JUDGE Banita
Signed by: BANITA PRIYADARSHINI PALEI
Location: HIGH COURT OF ORISSA, CUTTACK Date: 17-Jan-2025 17:46:10
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