IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMP No. 1662 of 2025 Basanta Kumar Paltasingh …. Petitioner Mr. D. Mohapatra, Advocate -versus-

State of Odisha & Another …. Opp. Parties Mr. S.J. Mohanty, Addl. P.P.

CORAM:

JUSTICE CHITTARANJAN DASH THE HON’BLE MR.

OR DER

Order No. 12.12.2025

01. 1. Heard learned counsel for the Parties.

2. By means of this application, the Petitioner seeks to set aside the proceeding in Crl. Execution No.129 of 2025 arising out of CRP No.224 of 2024, pending before the learned Judge Family Court-II, Bhubaneswar.

3. Mr. Mohapatra, learned counsel for the Petitioner, in course of the hearing in the application at the stage of admissions, submits that the aforesaid CRP No.224 of 2024 was disposed of ex-parte against the Petitioner vide order dated 19.04.2025. In the aforesaid ex-parte order, the learned court directed the Petitioner to pay a sum of Rs.40,000/- towards monthly maintenance to the Opposite Party-Wife, besides Rs.10,000/- towards litigation expenses, w.e.f. 13.08.2024 i.e. the date of filing of the application. According to Mr. Mohapatra, having come to know about the ex-parte order, he moved the learned court in CMC No.28 of 2025, praying to set aside the ex-parte judgement dated 19.04.2025, which is pending for disposal.

4. While the said application is pending, the Opposite Party-wife initiated execution proceedings for enforcement of the maintenance order, which has been registered as Crl. Execution No. 129 of 2025 arising out of CRP No. 224 of 2024. It is submitted by Mr. Mohapatra that the Petitioner is willing to voluntarily deposit a sum of Rs.50,000/- to enable the Court to proceed with the hearing in CMC No. 28 of 2025 during the pendency of the execution proceeding. However, Mr. Mohapatra has not produced any order of the learned court passed in Crl. Execution No. 129 of 2025, and therefore this Court is unable to reach a definite conclusion regarding the status of the execution case. Be that as it may, it is submitted under Annexure-6 that CMC No. 28 of 2025 is pending for disposal.

5. Considering the submissions advanced on behalf of the Petitioner, it is directed that in the event the Petitioner has not deposited the sum of Rs.50,000/- as of yet with the learned Judge, Family Court-II, Bhubaneswar, he shall do so within a period of two weeks. In the event such deposit being made, the learned court shall proceed with the disposal of the application in CMC No.28 of 2025. Until the disposal of the said application, the learned court shall keep the further proceedings in Crl. Execution No.129 of

2025 abeyance.

6. Needless to say, that the Petitioner shall cooperate with the learned court for disposal of the aforesaid CMC No.28 of 2025, which shall be disposed of on its merit, in accordance with law within a period of four weeks. In the event the Petitioner has deposited the sum of Rs.50,000/- or would deposit as directed, the same shall be disbursed in favour of the Opp.Party wife.

7. In view of the above, the CRLMP stands disposed of at the stage of admission. I.A., if any, also stands disposed of.

(Chittaranjan Dash)

Judge Sarbani Signature Not Verified Digitally Signed Signed by: BIJAY KETAN SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 15-Dec-2025 09:59:10