Citation : 2025 Latest Caselaw 6062 Ori
Judgement Date : 19 June, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.183 of 2020
Reenalata Khuntia .... Petitioner
None
-versus-
Mamata Kumari Jena .... Opposite Party
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
19.06.2025 Order No.
05. This matter is taken up through hybrid mode.
2. As per the office note, notice issued to the Opposite Party by Registered Post with AD returned unserved with postal endorsement "Addressee left village without 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. Mr. D. Mishra, learned Proxy Counsel, on behalf of Mr. S. Pattnaik, learned Counsel for the Petitioner submits, his senior has given consent long back to the Petitioner enabling her to engage some other Counsel.
4. Accordingly, the transfer petition stands dismissed for non-prosecution.
5. Liberty is granted to the Petitioner to file appropriate application for restoration of the transfer petition, if any cause of action still survives.
6. Interim order dated 11.01.2021 passed in I.A. No.180 of 2020 stands vacated.
7. Office is directed to communicate a copy of this order to the court below.
(S.K. MISHRA) JUDGE Banita
Signed by: BANITA PRIYADARSHINI PALEI
Reason: AUTHENTICATION Location: HIGH COURT OF ORISSA, CUTTACK Date: 20-Jun-2025 17:02:40
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