Dr. Awadhesh Singh v. Smt. Chanchala Kamre

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 153 of 2018 • Dr. Awadhesh Singh S/o Late Shri Khasru Prasad Aged About 36 Years Occupation Service, By Caste Kanwar, R/o Village Chirai, Police Station And Tahsil Shankargarh, District- Balrampur, Chhattisgarh At Present Cims Medical College, Devkinandan Chowk, Bilaspur, Chhattisgarh.

---- Appellant

Versus

• Smt. Chanchala Kamre W/o Dr. Awadhesh Singh Aged About 31 Years Caste Kanwar, Occupation House Wife, R/o Manipur Bilaspur Chowk, Police Station And Tahsil Ambikapur, District- Surguja, Chhattisgah.

---- Respondent • Shri R.V. Rajwade, Counsel for the appellant. D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava, J.

12.06.2020 Heard.

This appeal is directed against the ex-parte judgment dated 16.02.2018 passed by the Family Court by which the Family Court direct return of streedhan in favour of respondent/wife. After arguing for sometime on the question of admission be submit, learned counsel for the appellant seeks to withdraw of this appeal with liberty to file appropriate application for setting aside exparte judgment and decree on such ground as may be available to him under the law.

Having considered the aforesaid submission, we are inclined to dismiss the appeal as withdrawn with liberty as prayed for to move appropriate application for, setting aside ex-parte decree. Considering above in the interest of justice, it is ordered that the period during which this appeal remained pending before this Court shall be excluded for the purposes of counting limitation for filing application for setting aside ex-parte decree. Record of the Court below be remitted forthwith. Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Pawan