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2025 DAILYLAW 62095 (ORI)

NANDITA RAI v. RAJAT RANJAN NAG

TRP(C)/357/2024 · 2025-01-17

Sanjay Kumar Mishra

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK TRP(C) No.357 of 2024 Nandita Rai …. Petitioner None -versus- Rajat Ranjan Nag …. Opposite Party Ms. J. Naik, Advocate CORAM: JUSTICE SANJAY KUMAR MISHRA Order No. ORDER 17.01.2025 02. This matter is taken up through hybrid mode. 2. Learned Counsel for the Petitioner is absent on call. 3. This Transfer Petition has been filed by the Petitioner- Wife for transfer of proceeding in C.P. No.129 of 2024 filed by the Opposite Party-Husband, now pending in the Court of Judge, Family Court, Rourkela, to the Court of Civil Judge, Senior Division, Padampur, Dist-Bargarh for trial on the grounds detailed in the Transfer Petition. 4. Ms. Naik, learned Counsel for the Opposite Party is present and submits, she has no objection to the prayer for transfer, as made in this application. 5. Accordingly, in view of the concession so also reasons detailed in the Transfer Petition and the settled position of law, the prayer made in the application is allowed. Page 2 of 3 6. The Judge, Family Court, Rourkela is directed to transmit the case record in C.P. No.129 of 2024 to the Court of Civil Judge, Senior Division, Padampur, Dist- Bargarh at the earliest, preferably within a period of one week from the date of production of the certified copy of this order. 7. On receiving the case record in C.P. No.129 of 2024 from the Court of Judge, Family Court, Rourkela, the Civil Judge, Senior Division, Padampur, Dist-Bargarh shall re- register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties and shall try to conclude the said proceeding at the earliest. 8. It is made clear that parties will be at liberty to appear before the Civil Judge, Senior Division, Padampur, Dist-Bargarh through virtual mode, with due permission of the concerned Court, in case they face any difficulty on any date to appear physically before the said Court. However, on the dates of effective hearing i.e for examination and cross-examination of witnesses so also for other purposes, if any, for which their presence may be required by the Court, the parties shall remain physically present before the Civil Judge, Senior Division, Padampur, Dist-Bargarh. 9. To avoid delay, the parties, either in person or through their Counsels, shall make a query with the Court of Civil Judge, Senior Division, Padampur, Dist-Bargarh to ascertain the date and purpose of posting and participate in the said proceeding. Page 3 of 3 10. With the said observation and direction, the Transfer Petition stands disposed of. 11. Office is directed to communicate a copy of this order to the Judge, Family Court, Rourkela so also the Civil Judge, Senior Division, Padampur, Dist-Bargarh enabling the said Courts to act in terms of the observation made above. 12. Urgent certified copy of this order be granted on proper application as per rules. Kanhu (S.K. Mishra) Judge Designation: SR. STENOGRAPHER