Pinky Pradhan @ Jena vs Sourav Keshari Jena .... Opposite Party
2025 Latest Caselaw 1148 Ori

Orissa High Court

Pinky Pradhan @ Jena vs Sourav Keshari Jena .... Opposite Party on 11 July, 2025

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                            TRP(C) No.256 of 2023

                 Pinky Pradhan @ Jena             ....          Petitioner

                                        Mr. Deepak Kumar Das, Advocate


                                       -versus-
                 Sourav Keshari Jena              ....     Opposite Party



                   CORAM: JUSTICE SANJAY KUMAR MISHRA

                                      ORDER

11.07.2025 Order No.

02. This matter is taken up through hybrid mode.

2. Mr. D. K. Das, learned Counsel for the Petitioner is present.

3. Pursuant to order dated 31.08.2023, though notice was issued to the sole Opposite Party, the same has returned unserved with postal endorsement "Addressee left without instruction".

4. Accordingly, 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), the notice on the Opposite Party is held to be sufficient. However, the Opposite Party goes unpresented, when the matter is called.

5. As is revealed from the record, though I.A. No.272 of 2023 has been filed for stay of further proceeding of C.P. No.105 of 2021, till date no interim order has been passed by this Court staying further proceeding in the said case.

6. A query being made as to status for the said case, pending in the Court of Judge, Family Court, Kendrapara, learned Counsel for the Petitioner submits, as per the instruction received today morning, the Petitioner being the Opposite Party in C.P. No.105 of 2021 was set ex-parte, for which he has filed an application for recall of the ex-parte order, which is still pending for consideration by the said Court.

7. However, Office is directed to call for a report urgently from the Court of Judge, Family Court, Kendrapara regarding the present status of C.P No.105 of 2021 before the next date of listing.

8. The matter be listed in the week commencing from 28th July, 2025.

(S. K. MISHRA) JUDGE Mona

Location: High Court of Orissa