Orissa High Court
Alaka Binamrata Das vs Bhagaban Singh .... Opposite Party on 30 June, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP(C) No.299 of 2022
Alaka Binamrata Das .... Petitioner
Mr. Saroj Kumar Dash, Advocate
-versus-
Bhagaban Singh .... Opposite Party
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
30.06.2025
Order No.
06. This matter is taken up through hybrid mode.
2. Learned Counsel for the Petitioner submits, though
the Opposite Party is well aware about the pendency of the
present transfer petition, is avoiding to receive notice from
this Court and appear in this case.
3. As per the office note, though, pursuant to order
dated 07.02.2023, fresh notice on admission was issued
to the Opposite Party by Registered Post with A.D. fixing
the date of appearance and show cause to 15.03.2023, the
same has returned unserved with a postal endorsement
"Addressee always absent".
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.
5. It is ascertained that this Court, vide order dated
23.08.2022 passed in I.A. No.340 of 2022 stayed further
proceeding in MAT Case No.07 of 2022, pending in the
Court of Civil Judge, (Sr. Division) Khallikote, which is still
in vogue. The present Opposite Party, being the Petitioner
in the said case, it can be well presumed that he is well
aware about the pendency of the present transfer petition.
Hence, the matter is taken up for hearing and final disposal
in absence of the Opposite Party.
6. This transfer petition has been filed by the Petitioner-
Wife for transfer of MAT Case No.07 of 2022 from the Court
of Civil Judge, (Sr. Division), Khallikote to the Court of Civil
Judge, (Sr. Division), Talcher on the grounds detailed in the
transfer petition.
7. Heard learned Counsel for the Petitioner.
8. In view of the reasons detailed in the transfer petition
and the settled position of law, the prayer made in the
transfer petition is allowed.
9. The Civil Judge, (Sr. Division), Khallikote is directed
to transmit the case record in MAT Case No.07 of 2022 to
the Court of Civil Judge, (Sr. Division), Talcher at the
earliest, preferably within a period of seven days from the
date of production of certified copy of this order.
10. On receiving the case record in MAT Case No.07 of
2022 from the Court of Civil Judge, (Sr. Division),
Khallikote, the Court of Civil Judge, (Sr. Division), Talcher
shall re-register the said case, if so required, and proceed
further in accordance with law giving due opportunity to
both the parties and shall try to conclude the said
proceeding at the earliest, preferably within a period of six
months from the date of receipt of case record in MAT Case
No.07 of 2022.
11. It is made clear that both the parties will be at liberty
to appear before the Civil Judge, (Sr. Division), Talcher
through virtual mode, with due permission of the
concerned Court, in case they face any difficulty on any
date to appear physically before the said Court. However,
on the dates of effective hearing i.e. for examination and
cross-examination of witnesses, for which their presence
may be required by the Court, if it is so ordered, the
parties so also their witnesses shall remain physically
present before the Civil Judge, (Sr. Division), Talcher.
12. With the said observation and direction, the transfer
petition stands disposed of.
13. Office is directed to communicate a copy of this order
to the Court of Civil Judge, (Sr. Division), Khallikote so also
the Court of Civil Judge, (Sr. Division), Talcher enabling the
said Courts to act in terms of the observation made above.
14. Urgent certified copy of this order be granted on
proper application as per rules.
(S. K. MISHRA)
JUDGE
Mona
Location: High Court of Orissa
