Dismissed¶33

Smt.Maheswat Mishra v. Sri Nirmal Ku.Samal

Orissa HC16 Sept 2025MATA/117/2013

Case brief

AI extract

What is this about?

Dismissal of MATA appeal for non-prosecution; repeated non-appearance of appellant and counsel; appellant incommunicado, no instructions available; last chance granted; Court notice to appellant and counsel, police notice to respondent-husband; status of C.P. No.241 of 2011 and execution cases sought from Family Court, Bhubaneswar; Orissa High Court, Cuttack; order in hybrid mode dated 16.09.2025; Bench: Manash Ranjan Pathak and Mruganka Sekhar Sahoo, JJ.; 12-year-old case.

What did the court decide?

The MATA appeal is dismissed for non-prosecution after repeated non-appearance of the appellant and her counsel on 26.06.2025, 14.07.2025 and 01.09.2025, and after counsel reported that they were unable to reach the incommunicado appellant for instructions. ¶33

Smt.Maheswat Mishra Vs Sri Nirmal Ku.Samal — Orissa HC (2025) — LawSathi Research

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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MATA No. 117 of 2013

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Smt. Maheswat Mishra …. Appellant

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Represented by Adv.– Mr. Siba Ranjan Polai, Advocate on behalf of Mr. Dipti Ranjan Mohapatra, Advocate

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-Versus-

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Nirmal Kumar Samal …. Respondent

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Represented by Adv.–

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CORAM:

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HON’BLE MR. JUSTICE MANASH RANJAN PATHAK AND

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HON’BLE MR. JUSTICE MRUGANKA SEKHAR SAHOO

ORDER

Order No.

16.09.2025

(Hybrid mode)

11.

1 . The matter is listed today under the heading “For Orders”, with the following note indicated in the cause list of the Court: -

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“Order dtd.01.09.2025 may kindly be seen reg. “DISMISSAL” DUE TO NON-PROSECUTION. Spec. Adj.”

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2 . When the matter is called today to be taken up, learned counsel Mr. Siba Ranjan Polai submits that he has instruction to appear on behalf of Mr. Dipti Ranjan Mohapatra, learned counsel for the appellant. It is submitted that despite best efforts made by the learned counsel for the appellant, they have not been able to be in touch with the appellant for any upto-date instructions regarding the steps to be taken in the appeal.

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3 . On 26.06.2025, none had appeared for the appellant and the following order was passed: -

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“7. 1. None appears for the appellant, when the matter is called out, in this 12 year old case. As a last chance, one week is granted for appearance.

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Call this matter on 14.07.2025.”

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Page 1 of 2

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Therefore, on 14.07.2025, none had appeared for the appellant and the following order was passed :-

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“8. 1. Counsel and the appellant were absent on the previous hearing date also. Even today, same is the position. 2. Issue Court notice to the appellant and his counsel and police notice to the respondent-husband by the Registry. Notice be made returnable within two weeks.

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Post this matter on 05.08.2025.”

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4. On 05.08.2025, Mr. S. Satpathy, learned counsel appeared on behalf of the appellant, he stated that the appellant remains incommunicado, despite his efforts.

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Thereafter, on 01.09.2025, none had appeared for the appellant when the matter was is taken and the following order was passed : -

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“9. 1. It is submitted by the learned counsel appearing for the appellant that despite his best efforts, the appellant remains incommunicado.

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2. Notice issued by order dated 14.07.2025 to the respondent due to repeated non-appearance is yet to be received after service. Await service of notice.

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In the meanwhile, the present status of C.P. No.241 of 2011 and any execution cases arising out the said matter shall be obtained from the learned Judge, Family Court, Bhubaneswar be placed on record by the next date.

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3. List this matter on 1^st September, 2025. Registrar to do the needful”.

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5 . When the matter was taken up today, we have noted the submissions made on behalf of the learned counsel for the appellant as submitted by Mr. Siba Ranjan Polai.

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6 . Accordingly, the MATA is dismissed.

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(Manash Ranjan Pathak) Judge

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Signature Not Verified

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 19-Sep-2025 12:19:40 Narayan/Ranjeeta

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(Mruganka Sekhar Sahoo)

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Judge