Orissa High Court
CMP/1215/2016 of SWAYAMPRABAHA PADHY Vs HIMANSU PANIGRAHI on 23 July 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No. 1215 of 2016 Smt. Swayamprabha Padhy … Petitioner Ms. Deepali Mahapatra, Advocate -versus- Sri Himansu Panigrahi … Opp. Party CORAM: HON’BLE MISS JUSTICE SAVITRI RATHO ORDER Order No. 23.07.2026 03. (Through hybrid Mode) 1.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CMP No. 1215 of 2016
Smt. Swayamprabha Padhy
…
Petitioner
Ms. Deepali Mahapatra, Advocate
-versus-
Sri Himansu Panigrahi
… Opp. Party
CORAM:
HON’BLE MISS JUSTICE SAVITRI RATHO
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ORDER
Order No.
23.07.2026
03. (Through hybrid Mode)
1. The CMP has been filed for a direction to the learned Additional District Judge, Aska, Ganjam to dispose of the appeal i.e. RFA No. 07 of 2015 at an early date and pass appropriate orders or directions.
2. On 21.09.2016, notice had been issued in this application to the Opposite Party. Unserved notice has been returned from the sole Opposite Party with the report from Postal Department “absent”. But the CMP has not been listed thereafter and is being listed today after almost then years.
3. Ms. Mahapatra, learned counsel for the Petitioner submits that the RFA is still pending.
4. It appears that the Petitioner had filed MAT Case No. 01 of 2014 in the Court of the learned Civil Judge (Senior
Division), Aska, Ganjam for divorce. The MAT case had been dismissed on contest on 25.04.2015. Challenging the same, RFA No. 07 of 2015 had been filed by the Petitioner in the Court of the learned Additional District Judge, Aska, Ganjam. The ordersheet in RFA No. 07 of 2015 containing the orders dated 17.06.2015 till 27.04.2016 has been filed.
5. Perusal of the orders reveals that summons issued against the Respondent was back after he refused service and service was held to be sufficient on 05.01.2016. The appeal had been posted to 19.02.2016 for hearing but since the LCR had not been received, the matter had been adjourned to 27.04.2016 awaiting LCR.
6. Since the appeal is of the year 2015 and it is a matrimonial matter, I do not think it necessary to direct the learned counsel for the Petitioner to take steps for service of notice on the sole Opposite Party.
7. The CMP is disposed of requesting the learned Additional District Judge, Aska, Ganjam to dispose of RFA No. 07 of 2015 expeditiously and if possible within a period of four months, giving a chance of hearing to the parties, if there puspa is no legal impediment.
8. Since the matter has been disposed of without service of notice on Opposite Party, liberty is granted to the Opposite Party for filing application for modification/recall of this order, in case he is in any way prejudiced by this order.
9. Urgent certified copy of the order be granted on proper application.
10. Copy of this order be communicated to the learned Additional District Judge, Aska, Ganjam by the Registry.
(Savitri Ratho)
Judge
Digitally Signed Signed by: PUSPANJALI MOHAPATRA Reason: Authentication Location: Orissa High Court Date: 27-Jul-2026 13:08:11 Signature Not Verified