Orissa High Court
Bandana Sahoo vs Dipak Kumar Sahoo .... Opposite Party on 22 January, 2025
Author: Murahari Sri Raman
Bench: Murahari Sri Raman
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.184 of 2017
Bandana Sahoo .... Petitioner
Mr. Saswat Kumar Jena, Advocate on
behalf of Mr. Samvit Mohanty, Advocate
-versus-
Dipak Kumar Sahoo .... Opposite Party
CORAM:
HON'BLE MR. JUSTICE MURAHARI SRI RAMAN
Order No. ORDER
06. 22.01.2025
This matter is taken up through Hybrid Mode.
2. This petition has been filed by the learned counsel appearing
for the petitioner under Section-24 of the Code of Civil Procedure
for transfer of Civil Proceeding being registered as C.P. No.25 of
2017 stated to be pending in the Court of the learned Judge, Family
Court, Jagatsinghpur, to the Court of the learned Judge, Family
Court, Puri.
3. This Court on 11.12.2024 passed the following order:-
"2. As per the office note, the notice issued to the
Opposite Party by Speed Post with A.D., fixing the date of
appearance to 08.08.2017, has returned unserved with a
postal endorsement "Long Absent".
3. In view of the office note 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 Opposite Party is held to be sufficient.
4. A query being made as to the present status of C.P.
No.25 of 2017, pending before the Judge, Family Court,
Jagatsinghpur, learned Counsel for the Petitioner prays
for a short adjournment.
5. The matter be listed in the week commencing from
rd
23 December, 2024.
6. Interim order passed earlier shall continue till the
next date, subject to pendency of C.P. No.25 of 2017."
3.1. When the matter was taken up on 23.12.2024, none
appeared for the opposite party and this Court passed the following
order:-
"2. As prayed by the learned Counsel for the Petitioner,
further time is granted to obtain instruction in terms of
order dated 11.12.2024.
3. The matter be listed in the week commencing from
20th January, 2025.
4. In the meantime, Registry is directed to call for a
report urgently from the Court below regarding the
status of C.P. No.25 of 2017.
5. Interim order passed earlier shall continue till the
next date, subject to pendency of C.P. No.25 of 2017."
4. Accordingly, the learned Judge, Family Court,
Jagatsinghpur issued Letter No.54, dated 18.01.2025 via e-mail to
the Registry of this Court indicating the status of C.P. No.25 of
2017, content of the which is reproduced hereunder:-
"Inviting reference to the subject cited above, I am to
state that the aforesaid Civil Proceeding No.25 of 2017
was dismissed for default vide order dated 7.3.2022 and
the record has been consigned to the record room."
5. In view of such position, no order needs to be passed at the
present juncture in the afore-noted case for the transfer petition has
been rendered infructuous. Accordingly, the TRP(C) stands
disposed of.
(M.S. Raman)
Judge
Laxmikant
Signed by: LAXMIKANT MOHAPATRA
Designation: Senior Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 22-Jan-2025 17:42:56
