Biswajit @ Biswajeet Padhi vs Susama Padhi @ Panda
2025 Latest Caselaw 4926 Ori

Orissa High Court

Biswajit @ Biswajeet Padhi vs Susama Padhi @ Panda on 12 March, 2025

Bench: B. P. Routray, Chittaranjan Dash

Signature Not Verified
Digitally Signed
Signed by: SANGRAM DAS
Designation: Sr. Stenographer
Reason: Authentication
Location: High Court of Orissa, Cuttack
Date: 12-Mar-2025 16:29:22




                                                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                                                  MATA No.458 of 2023

                                               Biswajit @ Biswajeet Padhi               ....        Appellant
                                                                                     Mr. S.K.Aziz, Advocate

                                                                         -versus-

                                               Susama Padhi @ Panda                     ....      Respondent
                                                                                    Mr. P.K.Panda, Advocate

                                                    CORAM:
                                                    JUSTICE B. P. ROUTRAY
                                                    JUSTICE CHITTARANJAN DASH


                                                                    ORDER

Order No. 12.03.2025 I.A. No.111 of 2024 & MATA No.458 of 2023

08. 1. The matter is taken up through hybrid mode.

2. Heard Mr. Aziz, learned counsel for the Appellant and Mr. Panda, learned counsel for the Respondent.

3. Office has counted delay of 1946 days in presenting the appeal. However, after adjusting the copy period and Covid-19 period, the admitted delay in filing the appeal remains 1002 days.

4. The Appellant has explained in the limitation petition that as the order was not communicated to him by the conducting counsel, he could not know about disposal of the proceeding before learned Judge, Family Court and he came to know only when the NBW was issued in a proceeding under Section 125(3) of the Cr.P.C. Such

Location: High Court of Orissa, Cuttack

explanation offered by the Appellant is not found convincing to us. It is found that the Appellant slept over the impugned judgment till NBW was issued against him in execution of the maintenance amount. Thus, the explanation being found unsatisfactorily, we are not inclined to condone the delay.

5. The limitation petition is rejected. Consequently the appeal is dismissed on the ground of limitation.

(B.P. Routray) Judge

(Chittaranjan Dash) Judge

S.Das