TRP(C)/351/2024 of MONALISHA MAHAPATRA Vs AMIYA PRASAD DASH on 24 December 2024

Order No. 02.

IN THE HIGH COURT OF ORISSA AT CUTTACK

TRP(C) No.351 of 2024

….

Monalisha Mahapatra

Petitioner

Mr. D. K. Sahoo, Proxy Counsel

-versus-

…. Opposite Party

Amiya Prasad Dash

Mr. S. Pradhan, Adv.

CORAM: JUSTICE SANJAY KUMAR MISHRA

ORDER 24.12.2024

This matter is taken up through hybrid mode.

2. Heard Mr. D. K. Sahoo, learned Proxy Counsel, on behalf of Mr. G. B. Singh, learned Counsel for the Petitioner so also Mr. S. Pradhan, learned Counsel for the Opposite Party.

3. This Transfer Petition has been filed by the Petitioner-wife for transfer of C.P. No.37 of 2024 from the Court of Judge, Family Court, Kalahandi at Bhawanipatna to the Court of Civil Judge, Sr. Division, Dharamgarh on the grounds detailed in the Transfer Petition.

4. Learned Counsel for the Opposite Party fairly concedes before this Court to allow the prayer made in the Transfer Petition. However, he prays for a direction for disposal of C.P. No.37 of 2024 within a stipulated period.

5. In view of the said concession so also the reasons detailed in the Transfer Petition so also the settled position of law and the submission made by the learned Counsel for the Petitioner-wife, the prayer made in the application is allowed.

6. The Judge, Family Court, Kalahandi is directed to transmit the case record in C.P. No. 37 of 2024 to the Court of Civil Judge, Sr. Division, Dharamgarh, at the earliest, preferably within a period of one week, from the date of production of certified copy of this order.

7. On receiving the case record in C.P. No. 37 of 2024 from the Court of Judge, Family Court, Kalahandi at Bhawanipatna, the Court of Civil Judge, Sr. Division, Dharamgarh shall re-register the said case, if so required, and proceed further in accordance with law giving due opportunity to both the parties and shall try to conclude the said proceeding at the earliest, preferably within a period of six months from the date of receipt of records from the Court of the Judge, Family Court, Kalahandi at Bhawanipatna.

8. It is made clear that parties will be at liberty to appear before the Civil Judge, Sr. Division, Dharamgarh through virtual mode, with due permission of the concerned Court, in case they face any difficulty on any date to appear physically before the said Court. However, on the dates of effective hearing i.e. for examination and cross-examination of witnesses so also other purposes, if any, for which their presence will be required by the Court, the parties shall remain physically present before the Civil Judge, Sr. Division, Dharamgarh.

9. To avoid delay, the parties, either in person or through their Counsels, shall make a query with the Court of Civil Judge, Sr. Division, Dharamgarh to ascertain the date and purpose of posting and participate in the said proceeding.

10. With the said observation and direction, the Transfer Petition stands disposed of.

11. Office is directed to communicate a copy of this order to the Court of Judge, Family Court, Kalahandi at Bhawanipatna, so also the Court of Civil Judge, Sr. Division, Dharamgarh enabling the said Courts to act in terms of the observation made above.

12. Urgent certified copy of this order be granted on proper application as per rules.

Mona

(S.K. MISHRA)

JUDGE

Signature Not Verified

Digitally SignedSigned by: MONALISA SWAINDesignation: Junior StenographerReason: AuthenticationLocation: High Court of OdishaDate: 25-Dec-2024 15:27:15