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2023 DAILYLAW 977 (ORI)

PRASANNA KUMAR DAS v. BIDULATA DAS

RPFAM/36/2023 · 2026-09-03

Sanjay Kumar Mishra

body2023

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK RPFAM No.36 of 2023 CNR No. ODHC010099112023 Prasanna Kumar Das …. Petitioner Mr. Kumar Niketan Mohapatra, Proxy Counsel On behalf of Mr. B.K. Mohanty, Advocate -versus- Bidulata Das …. Opposite Party Mr. K. Mohanty, Advocate CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 03.09.2026 I.A. No.296 of 2024 03. This matter is taken up through hybrid mode. 2. Mr. K.N. Mohapatra, learned Proxy Counsel, on behalf of Mr. B.K. Mohanty, learned Counsel for the Petitioner prays for withdrawal of the revision petition on the ground that the Petitioner and the Opposite Party are the son and mother. Hence, the Petitioner does not want to proceed with the revision petition and wants to act in terms of the impugned judgment dated 13.01.2023 passed in Cr.P. No.71 of 2015. 3. At this stage, learned Counsel for the Opposite Party submits, at his instance, three I.As., i.e., I.A. Nos.242 of 2024, 243 of 2023 & 144 of 2024 are pending for consideration, vide which prayers have been made to accept the additional evidence in support of the income of the Petitioner, to modify the interim order dated 10.07.2023 and enhance the monthly maintenance and to vacate the interim protection granted in favour of the Petitioner vide dated 10.07.2023, respectively. 4. However, as the Petitioner intends to withdraw the revision petition to implement the impugned judgment passed in Cr.P. No.71 of 2015, the prayer made in the I.A. is allowed. Accordingly, all other pending I.As. at the instance of the Opposite Party also stand disposed of. 5. The revision petition also stands dismissed as withdrawn. 6. It is made clear that dismissal of the present revision petition shall not be a bar for the Opposite Party to seek appropriate remedy for enhancement of the compensation in accordance with law before the appropriate forum, if so advised. That apart, she will be at liberty to initiate the execution proceeding for recovery of the maintenance/arrear maintenance, if any, accruing out of the impugned judgment date 13.01.2023 passed in Cr.P. No.71 of 2015. 7. Urgent certified copy of this order be granted on proper application as per rules. Banita (S.K. MISHRA) JUDGE Designation: Secretary