The petitioner filed a writ petition seeking interim maintenance and quashing of an order from the Family Court Cuttack. As the petitioner did not appear and 17 years elapsed without prosecuting the matter, the High Court dismissed the petition for non-prosecution.
Nulla relief granted; petition dismissed for non-prosecution.
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W.P.(C) No.4170 OF 2003
conferencing mode.
None appears for the petitioner at the time of call.
Perused the record. The petitioner has filed this writ petition seeking direction to the opposite party to pay her interim maintenance @ Rs.3000/- per month and litigation expenses of Rs.10,000/- and further seeks for quashment of order dated 03.03.2003 passed by the learned Judge, Family Court Cuttack.
This Court, while issuing notice to the opposite parties vide order dated 18.06.2003, has not passed any interim order. More so, in the meantime 17 years have passed.
Since none is there to prosecute the matter, the writ petition is dismissed for non-prosecution.
…………….……………
(DR. B.R. SARANGI)
JUDGE
Alok
2 issues framed by the court
Whether the writ petition for interim maintenance and quashing of order can be dismissed for lack of prosecution.
Whether a 17 year delay renders the petition untenable.
Petitioner
Opposite party
DR. B.R. SARANGI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
