Orissa High Court
WP(C)/27968/2026 of DURGA PRASAD SAMAL Vs GOURI KUMARI SAHU on 8 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C).No.27968 of 2026 CNR No. ODHC010656942026 Durga Prasad Samal …. Petitioner Mr. Om Swarup, Advocate -versus- Gouri Kumari Sahu and another …. Opposite Parties Mr. Prabir Kumar Ray, Additional Government Advocate CORAM: JUSTICE SANJAY
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C).No.27968 of 2026
CNR No. ODHC010656942026
Durga Prasad Samal
….
Petitioner
Mr. Om Swarup, Advocate
-versus-
Gouri Kumari Sahu and
another
…. Opposite Parties
Mr. Prabir Kumar Ray,
Additional Government Advocate
CORAM: JUSTICE SANJAY KUMAR MISHRA
Order No.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
08.09.2026
01. This matter is taken up through hybrid mode.
2. The writ petition has been preferred by the Petitioner-husband, who is also the Petitioner in C.P. No.451 of 2021, pending in the Court of learned Judge, Family Court, Bhubaneswar, with an innocuous prayer for early disposal of C.P. No.451 of 2021.
3. After hearing learned counsel for the Petitioner and going through the order sheet in C.P. No.451 of 2021, which is annexed as Annexure-2 to the writ petition, and in view of such innocuous prayer, this Court is of the view that, issuing notice to the opposite Parties may cause further delay. Hence, the writ petition is taken up for hearing and disposal at the stage of admission without noticing the Opposite- Parties.
4. Since the order sheet, as at Annexure-2, discloses the last date of posting of C.P. No.451 of 2021 to be 21st January, 2026 and the purpose of which was also to further cross examine P.W.1, learned Counsel for the Petitioner files the up-to-date certified copy of the order sheet in C.P. No.451 of 2021, which is taken on record.
5. Learned counsel for the Petitioner, drawing attention of this Court to the certified copy of the order sheet in CP No.451 of 2021 submits, though the Petitioner was examined as P.W.1 on 20th October, 2022 and cross examined in part, thereafter, because of the conduct of the Opposite Party No.1-wife, P.W.1’s evidence is yet to be concluded.
6. It is revealed from the said order sheets , CP No.451 of 2021 was posted on 2nd July, 2026 for further cross examination of P.W.1, and was last on 23rd July, 2026 for the same purpose . Despite presence of both the parties on both the occasions, the matter got adjourned. Now the matter stands adjourned to 10th September, 2026 for further cross examination of P.W.1, who was examined and cross- examined in part on 20th October, 2022, about four years before.
7. Hence, this Court is of the view that the prayer made in the writ petition deserves consideration.
8. Accordingly, the learned Judge, Family Court, Bhubaneswar is directed to proceed further in C.P. No.451 of 2021 in accordance with law and do the needful for early disposal of the same . The learned Court blow shall do well to conclude the proceeding C.P. No.451 of 2021 at the earliest, preferably by the end of December, 2026.
9. Both the parties are directed not to seek unnecessary adjournments and cooperate with learned Judge, Family Court, Bhubaneswar for early disposal of C.P. No.451 of 2021. Urgent certified copy of this order be granted as per rules.
Rojalin
(S.K. MISHRA) JUDGE
Digitally Signed Signed by: ROJALIN NAYAK Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 09-Sep-2026 14:47:36 Signature Not Verified