Ruby @ Bishnupriya Beura @ Samal vs Pradeep Kumar Beura
2025 Latest Caselaw 7784 Ori

Orissa High Court

Ruby @ Bishnupriya Beura @ Samal vs Pradeep Kumar Beura on 2 September, 2025

Author: Mruganka Sekhar Sahoo

Bench: Mruganka Sekhar Sahoo

                 IN THE HIGH COURT OF ORISSA AT CUTTACK
                                  MATA No.363 of 2023

            Ruby @ Bishnupriya Beura @ Samal            ....            Appellant
                                                      Mr. D.P. Pradhan, Advocate
                                           -Versus-
            Pradeep Kumar Beura                         ....         Respondent
                                                        Mr. A.K. Rana, Advocate

                               CORAM:
             HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
                                           AND
            HON'BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

                                           ORDER

Order No.                                 02.09.2025
                                        (Hybrid mode)

   07.      1.          The matter is pending since April, 2025. The appellant-

wife has challenged the order passed ex-parte judgment against her by the learned Judge, Family Court, Cuttack in Civil Proceeding No.95 of 2009 and also under challenge by her is the subsequent order dated 29.09.2023 passed in CMA No.89 of 2015, wherein the petition filed by wife-petitioner under Order-9, Rule-13 of the Code of Civil Procedure for setting aside the ex-parte decree was also rejected.

Despite pendency of the matter for about five months, no steps have been taken by the learned counsel for the parties and the matter is being repeatedly adjourned. On 05.08.2025, the matter was adjourned at the instance of the learned counsel appearing for the appellant on the purported ground of compromise between the parties.

2. Today, the matter is mentioned at the beginning for adjournment by the learned counsel for the appellant, Mr. Pradhan and Mr. A.K. Rana, learned counsel for the respondent stating that there would be an out of Court settlement between the parties.

On being asked, what could be the out of Court settlement in the matter, where the wife challenges the ex-parte decree of divorce and order rejecting prayer for restoration of the petition for hearing the wife, no response is coming from the learned counsel for the appellant or the respondent.

3. In such view of the matter, we feel it appropriate the parties should appear before the Court in person on 18th September, 2025 marked at 2.00 pm. Registry shall forwarded copy of this order along with the notice to appear in person to the concerned parties by Speed Post as well as through the office of the Court i.e. learned Judge, Family Court, Cuttack.

4. List this matter on 18th September, 2025, marked at 2.00 pm. Learned counsel for the parties are also requested to intimate respective parties the website copy of this order.

Registry shall ensure the records of the C.P. No.95 of 2009 as well as CMA No.89 of 2025 be kept ready for reference by this Court on the next date.

                                                                  (Manash Ranjan Pathak)
                                                                          Judge




                                                                  (Mruganka Sekhar Sahoo)
Location: OHC                                                            Judge.
Date: 03-Sep-2025   10:34:23
           Narayan/Ranjeeta