Citation : 2025 Latest Caselaw 9808 Ori
Judgement Date : 10 November, 2025
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No.16118 of 2022
Saroj Kumar Pati .... Petitioner
Mr. N.K. Pradhan, Proxy Counsel
-versus-
Sonali Tripathy .... Opposite Party
Ms. P.P. Mohanty, Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
ORDER
10.11.2025 Order No.
05. This matter is taken up through hybrid mode.
2. Mr. N.K. Pradhan, learned Proxy Counsel, on behalf of Mr. S.K. Biswal, learned Counsel for the Petitioner prays for an adjournment on the ground that Mr. Biswal is out of station.
3. As is revealed from the record, vide order dated 31.07.2025, though the parties were sent for mediation, as per the mediation report dated 18.09.2025 on record, the mediation became unsuccessful.
4. At this stage, learned Counsel for the Opposite Party- wife submits, though a conditional interim order was passed by the coordinate Bench of this Court on 16.08.2022 in I.A. No.8676 of 2022, neither the Petitioner- husband, who is the Petitioner in C.P. No.307 of 2021, is acting in terms of the said modified interim order passed by this Court nor participating in C.P. No.307 of 2021.
5. In view of such submission made by learned Counsel for the Opposite Party-wife, it is made clear that if the Petitioner fails to act in terms of the interim order dated 16.08.2022 passed by this Court in I.A. No.8676 of 2022, the Opposite Party-wife will be at liberty to take appropriate action in accordance with law for execution of the impugned judgment dated 19.05.2022 passed in I.A. No.43 of 2021 (arising out of C.P. No.307 of 2021), which is now pending before the learned Judge, Family Court, Balasore. 5.1. Further, it is made clear that pendency of the writ petition shall not be a bar for the learned Judge, Family Court, Balasore to proceed further in C.P. No.307 of 2021 in accordance with law.
6. The matter be listed in the week commencing from 5 th January, 2026.
7. Liberty is granted to the Opposite Party to utilize the digitally signed copy of this order available in the website of this Court to take further action in accordance with law, as deemed fit and proper, if so advised.
(S. K. MISHRA) Kanhu JUDGE
Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 11-Nov-2025 17:17:21
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