Ramesh Prasad Behera v. Kasturi Behera

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) NO. 20504 OF 2022 Ramesh Prasad Behera .....

Petitioner Mr. Manoj Kumar Jena, Advocate -versusKasturi Behera ....

Opp. Party

CORAM:

JUSTICE K.R. MOHAPATRA

ORDER

Order No.

23.08.2022 1.

1.

This matter is taken up through hybrid mode.

2.

The Petitioner in this writ petition seeks for a direction to set aside the order dated 2nd April, 2022 (Annexure-2) passed by learned Judge, Family Court, Cuttack in Civil Proceeding No.711 of 2021, whereby the application filed by the Petitioner under Order IX Rule 7 C.P.C. was dismissed for non-prosecution. 3.

Mr. Jena, learned counsel submits that the Petitioner has already filed an application for recall of the order dated 2nd April, 2022.

4.

In view of the above, this Court without interfering with the impugned order disposes of this writ petition with a direction that on production of certified copy of this order, learned Judge, Family Court, Cuttack shall do well to consider the application for recall of the order dated 2nd April, 2022 (Annexure-2) in accordance with law as expeditiously as possible preferably within a period of four weeks therefrom, giving opportunity of hearing to the parties concerned provided that said application is still pending for consideration. Urgent certified copy of this order be granted on proper application.

(K.R. Mohapatra) bks Judge