High CourtsSingle Bench(2024) 02 OHC CK 0062

Sailabala Swain And Others vs Jyotshanmayee Swain And Others

Orissa High Court · Decided on 8 February 2024

HON’BLE JUDGES
K.R. Mohapatra, J
RESULT
Dismissed
CASE NUMBER
CMP No. 274 Of 2023

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Judgment

12 paragraphs · 328 words

K.R. Mohapatra, J

I.A. No.1568 of 2023

1.

This matter is taken up through hybrid mode.

2.

This is an application for extension of time for waiving out the cost of Rs.10,000/- as directed by this Court while disposing of CMP No.274 of 2023 vide order dated 19th July, 2023 passed in CMP No. 274 of 2023. The Petitioners also pray for fixing a date for deposit of the cost of Rs.10,000/-.

3.

Upon hearing learned counsel for the parties and on perusal of the record, it appears that this Court disposed of the CMP No.274 of 2023 vide order dated 19th July, 2023 with the following direction:

“8. In view of the above, the impugned order under Annexure-4 is set aside and it is directed that P.W.1 should make herself available through virtual mode for being further cross-examined.

9.

It is made clear that further cross-examination of P.W.1 shall be completed on a day to be fixed by the Court. Under no circumstances, it shall be spilled over or extended to any other date.

10.

On an application to be filed by the Petitioners within a period of two weeks hence for further cross-examination of P.W.1 through virtual mode, learned trial Court shall consider the same and pass necessary order thereof keeping in mind the observations and directions made hereinabove.

11.

The cost of further cross-examination of P.W.1 through virtual mode shall be borne by the Petitioners. Further this Court directs that the Petitioners shall pay a sum of Rs.10,000/- (Rupees ten thousand only) as cost to the P.W-1 (Opposite Party No.1) for the prejudice caused to her.”

Subsequently, the Petitioners filed I.A. No.829 of 2023 with similar prayer as that of this I.A., which was rejected vide order dated 28th November, 2023. Hence, this Court is not inclined to entertain the prayer made in this I.A. and to extend the time for deposit of the cost of Rs.10,000/-.

4.

Accordingly, the I.A. is dismissed.

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