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2018 DAILYLAW 1050 (ORI)

SWAGATIKA MUDULI v. BIJAYA KUMAR MUDULI

TRPCRL/3/2018 · 2026-08-29

Sanjay Kumar Mishra

Transfer Petitionbody2018

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page 1 of 2. IN THE HIGH COURT OF ORISSA AT CUTTACK TRPCRL No.3 of 2018 CNR No.ODHC010012602018 Swagatika Muduli ..... Petitioner None -versus- Bijaya Kumar Muduli ..... Opposite Party CORAM: MR. JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 29.08.2026 04. This matter is taken up through hybrid mode. 2. Office note indicates that notice issued to Opposite Party returned unserved with postal remark “Addressee always absent, returned to sender”. 3. Learned Counsel for the Petitioner is absent on call. 4. It is revealed from the record that, while issuing notice to the Opposite Party, this Court, as an interim measure, vide order No.3 dated 18.01.2018 passed in Misc. Case No.05 of 2018, gave liberty to move for an adjournment before the learned S.D.J.M., Koraput in M.C. No.24 of 2017. Thereafter, the matter was never listed before the Bench till date. 5. Hence, it can be reasonably presumed that by efflux of time, the prayer made in the transfer petition must have become infructuous. That apart, learned Counsel for the Petitioner is absent on call. Page 2 of 2. 6. Accordingly, the transfer petition stands dismissed for non-prosecution giving liberty to the Petitioner to file an application for restoration, provided any cause of action still survives to pursue the transfer petition. Kanhu (S.K. MISHRA) JUDGE Designation: JUNIOR STENOGRAPHER Location: High Court of Orissa, Cuttack.