Writ petition assailing pendente lite maintenance order dismissed as not maintainable after a prior revision on merits. Petitioner directed to provide expedited disposal of underlying suit.
Writ petition dismissed with direction to civil judge for early disposal of the underlying suit.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) NO. 28260 OF 2019
Sanjeeb Kumar Mallick …. Petitioner
Mr. Arijeet Mishra, Advocate -versus-
…. Adyashree Das @ Mallick Opp. Party
Mr. Prasanta Kumar Satapathy, Advocate
CORAM:
JUSTICE K.R. MOHAPATRA
ORDER
Order No.
14.11.2022
“.......Keeping in view the above submission when this Court has not passed any order staying the operation of the order in question or further proceeding of any execution case if has been so levied for carrying out said order; it is observed that it is open for the opposite party to proceed for realization of the interim maintenance dues in terms of the order impugned in
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this revision, in accordance with law. In that event, the court is seisin of the proceeding shall do well to proceed in the matter in accordance with law with expediency keeping in view the objectives sought to be achieved through the provision of law enacted in that regard.
The RPFAM stands disposed of.”
Urgent certified copy of this order be granted on proper application.
(K.R. Mohapatra) Judge
bks
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1 issue framed by the court
Whether a subsequent writ petition assailing an order on maintenance, after a revision was disposed of on merit, is maintainable.
2 provisions across 2 enactments
Sanjeeb Kumar Mallick
Adyashree Das @ Mallick
K.R. Mohapatra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
