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2009 DAILYLAW 995 (ORI)

JYOSTNAMAYEE LENKA v. DEEPTI R.LENKA

WPCRL/665/2009 · 2026-02-23

Miss Savitri Ratho

body2009

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK WPCRL No. 665 of 2009 Smt. Jyostnamayee Lenka …. Petitioner Ms. Sabita Rout, Advocate on behalf of Mr. Nibas Ch. Misra, Advocate -versus- Deepti Ranjan Lenka …. Opp. Party CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 23.02.2026 (Through hybrid Mode) 06. 1. This WPCRL has been filed challenging the order dated 09.09.2009 passed by the learned Judge, Family Court, Cuttack in Criminal Proceeding No. 76 of 2008, awarding Rs.400/- per month as interim maintenance to be payable from the date of interim application 02.04.2009 by the Opposite Party. 2. This application has been filed for enhancement of the amount of interim maintenance. 3. Notice of this application has been issued on 26.03.2010 to the Opposite Party and office note indicates that postal AD was received from the sole Opposite Party in the year 2010 after valid service. 4. Ms. Sabita Rout, learned counsel prays for an adjournment on behalf of Mr. Nibas Ch. Misra, learned counsel for the Petitioner stating that the file has been misplaced and they do not have any contact with the Petitioner. 5. Considering the fact that the impugned order was passed in the year 2009 and almost 16 years have elapsed in the meanwhile, it can safely be presumed that the main case i.e. Criminal Proceeding No. 76 of 2008 must have been disposed of by now. Hence, no useful purpose will be served by keeping this application pending any longer. 6. The WPCRL is therefore disposed of. 7. Liberty is granted to the Petitioner to revive this proceeding within a period of four weeks, if it is found that the cause of action still survives. 8. Urgent certified copy of this order be granted on proper application. (Savitri Ratho) Judge Sukanta Designation: Senior Stenographer