Mrs. Subha Mishra Alias Chanchal Kumari v. Neeraj Kumar Pathak

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.789 of 2016 =========================================================== Mrs. Subha Mishra alias Chanchal Kumari, daughter of late Kamlakant Mishra, resident of village Gandhi Cooperative Road, New Etwarpur, P.O. Kurthoul, P.S. Parsa Bazar, District Patna .... .... Appellant

Versus

Neeraj Kumar Pathak, son of Sri Parshuram Pathak, resident of village New Area, Jakkanpur, Near Laxmi Market, P.O. Gardanibagh, P.S. Jakkanpur, District Patna .... .... Respondent =========================================================== Appearance :

For the Appellant/s : Mr. Pankaj Maijorwar, Advocate For the Respondent/s : Mr.

=========================================================== CORAM: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH and HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE NAVANITI PRASAD SINGH) Date: 02-09-2016 Sri Pankaj Maijorwar (A.O.R. No. 02513), learned counsel for the appellant states that this appeal was filed against the ex parte judgment and decree dated 24.01.2014 dissolving the marriage having been passed in Matrimonial Case No. 215 of 2012. The judgment and decree was ex parte and, as such, an application under Order IX Rule 13 C.P.C. has also been filed in the court below for recall of the decree and rehearing the matter. In that view of the matter, in order to pursue the application under Order IX Rule 13 C.P.C., this appeal is being withdrawn.

In view of the aforesaid, leave is granted.

Patna High Court MA No.789 of 2016 dt.02-09-2016 2/2 This appeal is allowed to be withdrawn and disposed of as such.

(Navaniti Prasad Singh, J.) (Nilu Agrawal, J.) Arjun/Rajesh U