Nilanchal Kaushalya v. Gayatri Benia

IN THE HIGH COURT OF ORISSA AT CUTTACK

RPFAM No. 163 OF 2022 Nilanchala Koushalya ....

Petitioner Mr. Shyamananda Moharana, Advocate -versusGayatri Benia ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

05.09.2022 I.A. No.257 of 2022 01.

1.

This matter is taken up through hybrid mode.

2.

This is an application for condonation of delay in filing the RPFAM.

3.

Registry has pointed out one hundred forty five days delay in filing the RPFAM.

4.

The ground taken by the Petitioner is that he could not participate in the hearing of the case due to his pre-occupation and engagement in J.K. Paper Mill, JK Pur, Rayagada and could not know about the impugned order. When the local police searched for him, he could come to know that the impugned order has been passed.

5.

On perusal of the impugned order, it appears that although the present Petitioner had not adduced any evidence but he has participated in the hearing of the petition under Section 125 Cr.P.C. and the said application was disposed of on contest. 6.

In that view of the matter, the ground taken by the Petitioner for condonation of delay in filing RPFAM is not sustainable. 7.

Accordingly, the I.A. stands dismissed. Consequently, the RPFAM stands dismissed.

(K.R. Mohapatra) ms Judge