Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
MATA NO.182 OF 2025
Krushna Chandra Barik …. Appellant
Represented By Adv. – Mr. Trilochan Nanda, Advocate -versus- Jyotsnarani @ Jyotsnamayee Barik @ Joshna Barik …. Respondent
Represented By Adv. – Mr. Biplab Mohanty, Advocate
CORAM:
JUSTICE MANASH RANJAN PATHAK
JUSTICE MRUGANKA SEKHAR SAHOO
ORDER 05.08.2025 (Hybrid Mode)
1. The appellant-husband-judgment debtor in the appeal challenges the order passed by the learned Judge, Family Court, Bolangir in execution case of IA No.13 of 2014 arising out of C.S. (MAT) No.73/48 of 2009-13, whereby direction has been issued for deduction of an total amount of Rs.3,40,000/-, in installments, by deducting an amount equal to 50% of pension received every month, till satisfaction of the decree.
2.
Learned counsel for the respondent has already appeared and submits that part of the decreetal dues are pending to be satisfied by the appellant for almost 11 years since 2014. The original judgment/order has attained finality after the writ petition filed by the appellant-judgment debtor, W.P.(C) No.4543 of 2017 was dismissed as withdrawn by order dated 23.07.2025.
Order No.
02. .
In the said writ petition, the order dated 11.01.2017 passed by the learned Judge, Family Court, Bolangir was under challenge that was filed under order IX Rule 13 of CPC for setting aside “ex parte decree” granting the amount of maintenance to the respondent-wife.
3.
Learned counsel appearing for the parties standing tall at the Bar agree for a order to be passed on consent directing a small modification of the order passed by the learned executing court. They file memo of date indicating the settlement. The memo is taken on record.
4. We accordingly dispose of the appeal directing that deduction per month from the pension of the appellant shall be @ 40% of the amount received as pension till satisfaction of the decree. The monthly installments that is to be deducted, shall be re-fixed upon production of certified copy of this order before the learned executing court.
5. The MATA is disposed of. The order of the learned executing court is modified to the aforesaid extent.
The parties shall act upon the website copy of this order.
Registry shall forward copy of this order to the learned executing court.
(Manash Ranjan Pathak)
Judge
(Mruganka Sekhar Sahoo)
Judge Jyostna Designation: Personal Assistant