Siddhartha Swain vs Smitarani Singh @ Swain
2025 Latest Caselaw 5138 Ori

Orissa High Court

Siddhartha Swain vs Smitarani Singh @ Swain on 19 March, 2025

Author: G. Satapathy

Bench: G. Satapathy

            IN THE HIGH COURT OF ORISSA AT CUTTACK
                            GUAP No.22 of 2024

     Siddhartha Swain                              ...             Appellant
                                 Mr. S.Mohanty, Advocate
                         -versus-
     Smitarani Singh @ Swain           ...   Respondent
                                               Mr. B.S. Das, Advocate
                                 CORAM:
                          JUSTICE G. SATAPATHY
                              ORDER(ORAL)

Order No.                      19.03.2025
   03.       I.A. No. 31 of 2024
             1.      This    matter       is    taken       up    through     Hybrid

Arrangement (Virtual/Physical Mode).

2. This is an application U/S. 5 of the Limitation Act, 1963 by the appellant for condonation of delay of 173 days in preferring the appeal.

3. Heard, Mr. Samarendra Mohanty, learned counsel for the appellant and Mr. B.S. Das, learned learned counsel for the Respondent in the matter and perused the record. Mr. Mohanty by filing a memo submits that the appellant has already paid cost of Rs. 10,000/- in shape of demand draft dated 10.03.2025 to the OP-Smitarani Singh, to which Mr. Das acknowledges. The memo be kept on record.

4. In view of the aforesaid facts and after having considered the rival submissions and taking into consideration the payment of cost by the appellant, since there is a delay of 173 days in preferring the

appeal which has been explained to some extent, this Court by taking a lenient view considers it in the interest of justice to condone the delay. Accordingly, the delay of 173 days in preferring the appeal is hereby condoned.

5. I.A. stands disposed of.

I.A. No. 32 of 2024 & GUAP No. 22 of 2024

6. Mr. Samarendra Mohanty, learned counsel for the appellant undertakes to file the certified copy of the judgment and thereby, the present IA No. 32 of 2024 stands disposed of as infructous.

7. List this matter on 05.04.2025.

(G. Satapathy) Judge Priyajit

Location: HIGH COURT OF ORISSA