Allowed

Rojalin Das v. Sanatana Mallick

Orissa HC19 Dec 2024TRP(C)/280/2024

Case brief

AI extract

What is this about?

The High Court of Orissa at Cuttack allowed a Transfer Petition seeking the transfer of a cognizance petition from Family Court, Puri to Family Court, Bhubaneswar. The petition was heard ex-parte as the opposite party was unrepresented despite notice being issued. Directions were issued for the transmission of records and the registration of the case.

What did the court decide?

The Transfer Petition for transfer of C.P. No.217 of 2024 from Family Court, Puri to Family Court, Bhubaneswar is allowed, and the record is directed to be transmitted.

Rojalin Das Vs Sanatana Mallick — Civil Procedure and Limitation | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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TRP(C) No.280 of 2024

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Rojalin Das

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Petitioner

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Mr. R.R. Mishra, Advocate

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-versus-

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Sanatana Mallick

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…. Opposite Party

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CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER

19.12.2024

Order No.

04.

This matter is taken up through hybrid mode.

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2. Though, pursuant to order dated 05.11.2024, notice was issued to the Opposite Party, as per the Office Note, the said notice returned undelivered with postal endorsement “Addressee left without instruction”.

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3. In view of the 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 Page 2 of 2 Krishnaiah ), notice on the Opposite Party is held to be sufficient. However, the said Opposite Party goes unrepresented.

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4. Learned Counsel for the Petitioner submits, the stay

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order passed by this Court was produced before the Court below in C.P. No.217 of 24, in which the present Opposite party is the Petitioner and though he is well aware of the pendency of the Transfer Petition, he is intentionally avoiding to receive notice in this case. Accordingly, he prays to take up the Transfer Petition for hearing and disposal in absence of the Opposite Party.

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5. Heard learned Counsel for the Petitioner . 6. This Transfer Petition has been filed by the PetitionerWife for transfer of C.P. No.217 of 2024 filed by the Opposite Party-Husband, now pending in the Court of Judge, Family Court, Puri, to the Court of Judge, Family Court, Bhubaneswar for trial on the grounds detailed in the Transfer Petition.

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7. In view of the reasons detailed in the Transfer Petition so also the settled position of law and the submission made by the learned Counsel for the Petitioner, the prayer made in the application is allowed.

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8. The Judge, Family Court, Puri is directed to transmit the case record in C.P. No.217 of 2024 to the Court of Judge, Family Court, Bhubaneswar at the earliest.

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9. On receiving the case record in C.P. No.217 of 2024 from the Court of Judge, Family Court, Puri, the Judge, Family Court, Bhubaneswar 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.

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10. It is made clear that parties will be at liberty to appear before the Judge, Family Court, Bhubaneswar through virtual mode, with due permission of the

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Page 2 of 3

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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 other purposes, if any, for which their presence will be required by the Court, the parties shall remain physically present before the Judge, Family Court, Bhubaneswar.

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11. To avoid delay, the parties, either in person or through their counsel, shall make a query with the Court of Judge, Family Court, Bhubaneswar to ascertain the date and purpose of posting and participate in the said proceeding.

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12. With the said observation and direction, the Transfer Petition stands disposed of.

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13. Office is directed to communicate a copy of this order to the Judge, Family Court, Puri so also the Judge, Family Court, Bhubaneswar enabling the said Courts to act in terms of the observation made above.

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14. Urgent certified copy of this order be granted on proper application as per rules.

(S.K. Mishra)

Prasant

Judge

Signature Not Verified

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Digitally Signed Signed by: PRASANT KUMAR PRADHAN Designation: Secretary Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 20-Dec-2024 18:07:23

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Rojalin Das v. Sanatana Mallick

Case brief

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Rojalin Das v. Sanatana Mallick

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