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2025 DAILYLAW 44575 (ORI)

BANDANA SAHOO v. DIPAK KU.SAHOO

TRP(C)/184/2017 · 2025-01-22

Murahari Sri Raman

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.184 of 2017 Bandana Sahoo …. Petitioner Mr. Saswat Kumar Jena, Advocate on behalf of Mr. Samvit Mohanty, Advocate -versus- Dipak Kumar Sahoo …. Opposite Party CORAM: HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. 06. ORDER 22.01.2025 This matter is taken up through Hybrid Mode. 2. This petition has been filed by the learned counsel appearing for the petitioner under Section-24 of the Code of Civil Procedure for transfer of Civil Proceeding being registered as C.P. No.25 of 2017 stated to be pending in the Court of the learned Judge, Family Court, Jagatsinghpur, to the Court of the learned Judge, Family Court, Puri. 3. This Court on 11.12.2024 passed the following order:- “2. As per the office note, the notice issued to the Opposite Party by Speed Post with A.D., fixing the date of appearance to 08.08.2017, has returned unserved with a postal endorsement “Long Absent”. 3. In view of the office note so also Judgments of the Supreme Court reported in AIR 1989 SC 630 (M/s. Madan & Co. Vs. Wazir Jaivir Chand), in (1999) 7 SCC 510 (K. Bhaskaran Vs. Sankaran Vaidhyan Balan & anr.), in (2006) 6 SCC 456 (D. Vinod Shivappa Vs. Nanda Belliappa), in (2007) 6 SCC 555 (C.C. Alivi Haji Vs. Palapetty Muhammed & anr.) and in (2014) 12 SCC 685 (Ajeet Seeds Limited Vs. K. Gopal Krishnaiah), notice on the Opposite Party is held to be sufficient. 4. A query being made as to the present status of C.P. No.25 of 2017, pending before the Judge, Family Court, Jagatsinghpur, learned Counsel for the Petitioner prays for a short adjournment. 5. The matter be listed in the week commencing from 23rd December, 2024. 6. Interim order passed earlier shall continue till the next date, subject to pendency of C.P. No.25 of 2017.” 3.1. When the matter was taken up on 23.12.2024, none appeared for the opposite party and this Court passed the following order:- “2. As prayed by the learned Counsel for the Petitioner, further time is granted to obtain instruction in terms of order dated 11.12.2024. 3. The matter be listed in the week commencing from 20th January, 2025. 4. In the meantime, Registry is directed to call for a report urgently from the Court below regarding the status of C.P. No.25 of 2017. 5. Interim order passed earlier shall continue till the next date, subject to pendency of C.P. No.25 of 2017.” 4. Accordingly, the learned Judge, Family Court, Jagatsinghpur issued Letter No.54, dated 18.01.2025 via e-mail to the Registry of this Court indicating the status of C.P. No.25 of 2017, content of the which is reproduced hereunder:- “Inviting reference to the subject cited above, I am to state that the aforesaid Civil Proceeding No.25 of 2017 was dismissed for default vide order dated 7.3.2022 and the record has been consigned to the record room.” 5. In view of such position, no order needs to be passed at the present juncture in the afore-noted case for the transfer petition has been rendered infructuous. Accordingly, the TRP(C) stands disposed of. (M.S. Raman) Judge Laxmikant Designation: Senior Stenographer