Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
TRP (C) No.17 of 2026
Jamunarani Nayak …. Petitioner
Mr. B. Pujari, Advocate
-versus- Manoj Kumar Nayak
…. Opp. Party
CORAM:
JUSTICE MRUGANKA SEKHAR SAHOO
Order No.
ORDER 20.03.2026 (Hybrid Mode)
03.
1. The petitioner-wife is before this Court seeking transfer of the petition filed by her i.e. C.M.A. No.60 of 2025 pending before the learned Judge, Family Court, Cuttack. The said CMA has been filed under Order 9 Rule 13 of CPC for setting aside of ex-parte judgment dated 20.07.2024 in C.P. No.543 of 2023.
2. The matter was heard at some length on 02.02.2026 and after the deliberation in the Court, the following order was passed:
“2. Learned counsel for the petitioner shall address on the point whether for consideration of a petition under Order 9 Rule 13 C.P.C. seeking restoration the matter can be transferred to be considered by another Court which apparently did not pass the ex-parte judgment and decree.” p. 2
3. Today when the matter is taken up, it is submitted by the learned counsel for the petitioner that at this stage this Court need not go into the question as was discussed and noted above in paragraph-2 of order dated 02.02.2026. It is submitted that the learned Judge Family Court, Cuttack may consider the C.M.A. No.60 of 2025 and dispose of it as expeditiously as possible.
4. In view of the aforesaid submissions, the petition is disposed of observing that the learned Judge, Family Court shall take up and deal with CMA No.60 of 2025 as expeditiously as would be possible depending on the number of cases of pending before the learned court. The learned court shall consider the fact that the C.P. was filed in the year 2023 indicating cause of action arising in the year 2023.
5. With the above observations, the petition is
disposed of.
(Mruganka Sekhar Sahoo) Judge jyostna