Sunakar Sethi v. Lakhi Sethi

IN THE HIGH COURT OF ORISSA AT CUTTACK

RPFAM No. 7 OF 2008 Sunakar Sethi Petitioner None -versusLakhi Sethi @ Nakhi Sethi ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

06.05.2022 10.

1.

This matter is taken up through hybrid mode.

2.

None appears for the Petitioner at the time of call. 3.

The Petitioner in this RPFAM seeks to assail the order dated 18th April, 2008 passed by learned Judge, Family Court, Cuttack in Criminal Proceeding No.570 of 2004 whereby a direction was issued to the Petitioner to pay a sum of Rs.800/- per month to the Opposite Party from the date of application i.e. on 12th July, 2007.

4.

On perusal of the order sheet, it appears that while issuing notice in the matter, this Court vide order dated 27th August, 2008 passed in Misc. Case No.13 of 2008 directed that as an interim measure, execution of maintenance granted vide order dated 18th April, 2008 shall remain under stay subject to the condition that the Petitioner will deposit a sum of Rs.5,200/- (five thousand two hundred) before learned Judge, Family Court, Cuttack in Criminal Proceeding No.570 of 2000 in two installments. Thereafter, the matter is being adjourned either due to absence of Opposite Party or on the prayer of learned counsel for the Petitioner. On last

// 2 // occasion i.e. on 23rd June, 2009, none had appeared on behalf of Petitioner when the matter was called.

5.

Thus, it appears that the Petitioner has lost his interest in pursuing the RPFAM.

6.

Accordingly, this RPFAM is dismissed for nonprosecution. 7.

The interim order dated 27th August, 2008 passed in Misc. Case No.13 of 2008 stands vacated.

(K.R. Mohapatra) ms Judge