Dhaneswar Naik vs Bhramarbar Naik And .... Opposite ...
2025 Latest Caselaw 10065 Ori

Orissa High Court

Dhaneswar Naik vs Bhramarbar Naik And .... Opposite ... on 17 November, 2025

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                            RPFAM No.282 of 2025

                 Dhaneswar Naik                   ....              Petitioner

                                          Mr. R.K. Mahapatra, Advocate

                                       -versus-
                 Bhramarbar Naik and              .... Opposite Parties
                 others


                  CORAM: JUSTICE SANJAY KUMAR MISHRA
                                      ORDER

17.11.2025 Order No.

02. This matter is taken up through hybrid mode.

2. Mr. Mahapatra, learned Counsel for the Petitioner submits, the Petitioner has already acted in terms of order dated 23.09.2025 and undertakes to file a Memo to the said effect with the Registry in course of the day.

3. In view of the office note, service of notices on the Opposite Party Nos.1, 2, 4 & 5 are held to be sufficient.

4. So far as Opposite Party No.3, office note indicates that notice on admission and stay returned unserved from the Opposite Party No.3 with a postal remark "Long Absent, unclaimed."

5. Hence, 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), notice on the Opposite Party No.3 is held to be sufficient.

6. To give further opportunity to the Opposite Parties, the matter stands adjourned, to be listed in the week commencing from 12th January, 2026.

7. In view of the submission made by learned Counsel for the Petitioner, interim order passed earlier shall continue till the next date.

8. Office is directed to communicate a copy of this order so also order dated 23.09.2025 to the Court of learned Judge, Family Court, Angul, who shall do well to communicate the same to the present Opposite Party No.1, who is one of the Petitioners in C.R.P. Case No.25 of 2023, or his Counsel, who represents him in the said proceeding, and report compliance before the next date of listing.

(S. K. Mishra) Kanhu Judge

Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 18-Nov-2025 18:18:16