Manorama Pradhan @ Tada vs Aditya Kumar Tada .... Opposite Party
2025 Latest Caselaw 846 Ori

Orissa High Court

Manorama Pradhan @ Tada vs Aditya Kumar Tada .... Opposite Party on 3 July, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                             TRP(C) No.150 of 2019

                 Manorama Pradhan @ Tada ....                    Petitioner

                                        Mr. Ashok Kumar Das, Advocate

                                        -versus-
                 Aditya Kumar Tada                 ....    Opposite Party



                  CORAM: JUSTICE SANJAY KUMAR MISHRA


                                       ORDER

03.07.2025 Order No.

03. This matter is taken up through hybrid mode.

2. Learned Counsel for the Petitioner is present.

3. Pursuant to order dated 09.07.2019, though notice on admission and stay was issued to the Opposite Party by Registered Post with A.D., fixing the date of appearance to 19.08.2019, as per the office note, neither A.D. nor undelivered notice returned from the Opposite Party.

4. Hence, in view of the provisions enshrined under Sub-Rule (5) of Rule-9 under Order 5 of C.P.C read with Section 27 of the General Clauses Act, 1897, notice on the Opposite Party is deemed to be sufficient.

5. A query being made as to the present status of C.P. No.228 of 2018, pending in the Court of Judge, Family Court, Puri, learned Counsel for the Petitioner is unable to apprise this Court regarding the present status of C.P.

No.228 of 2018.

6. It has come to the notice of this Court that in most of the cases of similar nature, wherein, though further proceeding was stayed by this Court, in view of the judgment of the Supreme Court reported in (2018) 16 Supreme Court Cases 299 (Asian Resurfacing of Road Agency Pvt. Ltd. and another Vs. Central Bureau of Investigation), the Court below proceeded further and concluded the proceeding during pendency of the transfer petition.

7. Accordingly, the transfer petition stands disposed of giving liberty to the Petitioner to file appropriate application for recall of this order, if any cause of action still survives.

8. Interim order dated 09.07.2019 passed in I.A. No.163 of 2019 stands vacated.

9. Office is directed to communicate a copy of this order to the Court below.

(S.K. Mishra) Kanhu Judge

Location: High Court of Orissa, Cuttack. Date: 04-Jul-2025 17:45:18