← Library
Orissa High CourtMATA/101/2020disposed off

Anupama Pradhan v. Santosh Kumar Pradhan

2022-11-16Mr. Justice Subhasis Talapatra,Miss Justice Savitri Ratho3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

MATA No.101 of 2020 Anupama Pradhan ......... Appellant Mr. B.A. Prusty, Adv. on behalf of Mr. D.R. Mohapatra, Adv. -Versus- Santosh Kumar Pradhan .......... Respondent Mr. M. Acharya, Adv.

CORAM:

JUSTICE S. TALAPATRA JUSTICE SAVITRI RATHO

ORDER

03.03.2023 Order No.

I.A. No.59 of2023 13.

1.

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2.

Heard Mr. M. Acharya, learned counsel appearing for the applicant, the respondent in MATA No.101 of 2020 and also Mr. B.A. Prusty, learned counsel appearing on instruction of Mr. D.R. Mohapatra, learned counsel for the Opposite Party, the appellant in MATA No.101 of 2020.

3.

This is an application under Section 148 of the CPC for extension of time for depositing the remainder of the permanent alimony in terms of the decree passed in MATA No.101 of 2020. 4.

Mr. Acharya, learned counsel has stated that by the decree as noted above, the respondent in MATA No.101 of 2020, the applicant

herein, was directed to pay a sum of Rs.8,00,000/- as the permanent alimony, the applicant has paid a sum of Rs.1,60,000/- to the Opposite Party, the appellant in MATA No.101 of 2020. For making payment of the remainder of the permanent alimony in terms of the said decree, the applicant has prayed for extension of time. 5.

Mr. Prusty, learned counsel has submitted that the remainder of the permanent alimony be directed to be deposited in the Registry of this court or the said sum can directly be transferred to the Opposite Party, the Appellant in MATA No.101 of 2020. 6.

Having regard to the difficulties faced by the applicant as well as bone fide as reflected in making payment of Rs.1,60,000/-. We would like to extend time by three months time from the date of expiry of the earlier stipulated time i.e. 16.02.2023. 7.

It is made absolutely clear that no prayer for further extension will be entertained by this court.

7.

The applicant, the Respondent in MATA No.101 of 2020 is directed either to deposit the remainder of the amount by a bank draft, drawn in the name of the Opposite Party, the Appellant in MATA No.101 of 2020, in the Registry or directly transfer the said amount to the account of the Opposite Party, the Appellant in MATA No.101 of 2020, before expiry of the extended period.

8.

In terms of the above, the decree is modified. 9.

Registry is directed to prepare the additional decree in terms of the above.

10.

In the result, this interlocutory application stands allowed and disposed of.

(S. Talapatra) Judge (Savitri Ratho) Judge Rati Ranjan Nayak