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Orissa High CourtWP(C)/9543/2022disposed off

Madhusudan Mahapatra v. Sital Mishra

2022-05-02Mr. Justice K.R.Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 9543 of 2022 Madhusudan Mahapatra .....

Petitioner Mr. H.N.Mohapatra, Advocate -versusSital Mishra ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

02.05.2022 1.

1.

This matter is taken up through Hybrid mode.

2.

Petitioner in this writ petition prays for a direction for early disposal of C.P. No.79 of 2018 pending before learned Judge, Family Court, Puri.

3.

Mr. Mohapatra, learned counsel for the Petitioner submits that the Opposite Party-Wife has already filed her written statement in the CP. Conciliation has also failed between the parties. In the meantime, mother of the Petitioner has died and his father is ailing and bedridden. In such circumstances, it is very difficult on the part of the Petitioner to attend his ailing father and to appear before the Court to contest the CP. Due to non-cooperation of the Opposite Party, the matter is being adjourned time and again. Hence, he prays for the aforesaid relief.

4.

Taking into consideration the submission of learned counsel for the Petitioner, I am not inclined to entertain the prayer made in this writ petition, inasmuch as, the Petitioner has not moved the learned Judge, Family Court in that regard. However, in the event Petitioner moves an application for early

// 2 // disposal of CP No.79 of 2018 pending before learned Judge, Family Court, Puri, he may do well to consider such application for early disposal of the CP on its own merit and proceed with the matter accordingly.

5.

With the aforesaid observation, the writ petition is disposed of.

Issue urgent certified copy of the order on proper application.

(K.R. Mohapatra) Judge s.s.satapathy