Sridevi Mohanty v. Jaharlal Mohanty

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 3195 OF 2022 Sridevi Mohanty ....

Petitioner Mr. Niranjan Panda, Advocate -versusJaharlal Mohanty ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

30.03.2022 2.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks to assail the order dated 24th November, 2021 (Annexure-1) passed by learned Judge, Family Court, Balasore in CMA No. 67 of 2016. 3.

In view of the ratio decided in the case of Gyanasis Jena -vSmt. Rekha Swain, reported in AIR 2016 Ori 163, this writ petition is not maintainable. Hence, Mr. Panda, learned counsel for the Petitioner prays for withdrawal of the writ petition seeking liberty to file a properly constituted appeal against the order dated 24th November, 2021 passed in CMA No. 67 of 2016 filed under Order IX Rule 13 C.P.C.

4.

With the liberty, as aforesaid, this writ petition is disposed of as withdrawn.

5.

Certified copy of Annexure-1 shall be returned to the learned counsel for the Petitioner on substitution of attested photocopy thereof. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge