Susmita Tripathy vs Jitendra Tripathy .... Opposite Party
2025 Latest Caselaw 1208 Ori

Citation : 2025 Latest Caselaw 1208 Ori
Judgement Date : 14 July, 2025

Orissa High Court

Susmita Tripathy vs Jitendra Tripathy .... Opposite Party on 14 July, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                                TRP(C) No.360 of 2023

                 Susmita Tripathy                      ....         Petitioner
                                                        Mr. A. Das, Advocate

                                           -versus-
                 Jitendra Tripathy                     ....       Opposite Party



                  CORAM: JUSTICE SANJAY KUMAR MISHRA

                                           ORDER

14.07.2025 Order No.

05. This matter is taken up through hybrid mode.

2. Pursuant to order dated 15.02.2024, though notice was issued to the Opposite Party on admission and stay by Registered Post with A.D., the notice has returned undelivered with postal endorsement "Addressee left the address without any information".

3. As is ascertained from the record, notice was issued to the Opposite Party as per the address furnished by him in C.P. No.28 of 2019, he being the Petitioner in the said case. Hence, 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), notice on the Opposite Party is held to be sufficient.

4. Though an I.A. No.373 of 2023 has been filed for stay of further proceeding in C.P. No.28 of 2019, no interim order has been passed till date staying further proceeding in the said case.

5. Hence, a query being made regarding present status of C.P. No.28 of 2019, learned Counsel for the Petitioner prays for a short adjournment.

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

7. In the meantime, Office is also directed to call for a report urgently through email from the Judge, Family Court, Nayagarh regarding present status of C.P. No.28 of 2019 before the next date of listing.

8. Office is also directed to communicate a digitally signed website copy of this order to the Judge, Family Court, Nayagarh through email, who shall do well to communicate the same to the Petitioner or through his Counsel, who represents him in C.P. No.28 of 2019, if it is still pending and report compliance.

(S.K. MISHRA) JUDGE Banita

Signed by: BANITA PRIYADARSHINI PALEI

Date: 15-Jul-2025 17:17:37