Sudhir @ Sudhir Kumar vs Chhabi Thakur & Another .... Opposite ...
2025 Latest Caselaw 8315 Ori

Orissa High Court

Sudhir @ Sudhir Kumar vs Chhabi Thakur & Another .... Opposite ... on 16 September, 2025

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                               RPFAM No.43 of 2022

                 Sudhir @ Sudhir Kumar              ....            Petitioner
                 Thakur
                                                                        None


                                         -versus-
                 Chhabi Thakur & another            ....     Opposite Parties

                                                         Mr. K. Mohanty, Adv.

                   CORAM: JUSTICE SANJAY KUMAR MISHRA

                                         ORDER

16.09.2025 Order No. RPFAM No.43 of 2022 & I.A. No.361 of 2025

04. This matter is taken up through hybrid mode.

2. Learned Counsel for the Petitioner is absent on call.

3. Learned Counsel for the Opposite Party, drawing attention of this Court to interim order dated 04.04.2022, submits that the Petitioner is not acting in terms of the said order passed by this Court. For ready reference, paragraph No.2 of the said order is reproduced below:

"As an interim measure, it is directed that on payment of Rs.4,000/- (rupees four thousand only) per month towards maintenance to Opposite Parties, no coercive action shall be taken against the Petitioner with regard to realization of arrear amount till the next date."

(Emphasis Supplied)

4. She further submits that, because of such inaction of the Petitioner, her client has filed an I.A. No.361 of 2025 for vacation of the stay order passed by this Court. If such a prayer has been made on the ground that despite such conditional order, the Petitioner is neither complying with the said order passed by this Court nor the order passed by the Court below regarding payment of maintenance to the Opposite Parties.

5. Admittedly, no objection has been filed till date refuting such allegations made in the I.A. Rather, learned Counsel for the Petitioner is absent on call. Hence, it is made clear that, if the Petitioner fails/ has failed to act in terms of the conditional order dated 04.04.2022 passed in I.A. No.93 of 2022, the Opposite Party will be at liberty to proceed further for execution of the impugned Judgment dated 25.01.2022 passed in Cr.P No.04 of 2020 in accordance with law.

6. Accordingly, the I.A. stands disposed of.

7. The Revision Petition be listed in the week commencing from 17th November, 2025.

8. Urgent certified copy of this order be granted on proper application as per rules.

(S.K. MISHRA) JUDGE Mona

Location: High Court of Orissa