Smt. Nitu Gupta v. Premchandra Gupta

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR First Appeal (M) No. 192 of 2016 Smt. Nitu Gupta W/o Shri Premchandra Gupta, Aged About 30 Years Occupation- House Wife, R/o- P.S.- Darima, Tahsil- Ambikapur, DistrictSurguja, (Chhattisgarh), Present R/o Shri Ramashankar Kesri (Press Reporter) Adat Road, Kalwara Mohalla, Ramanujganj, P.S. And TahsilRamanujganj, District- Balrampur- Ramanujganj, (Chhattisgarh). ---- Applicant/ Defendant

Versus

Premchandra Gupta S/o Shri Shivshankar Prasad Gupta, Aged About 37 Years Occupation Agriculturist, R/o- Sasakalo, P.S.- Darima, TahsilAmbikapur, District- Surguja, (Chhattisgarh) And Mohalla Kedarpur, Joda Piple Ke Pas, Ambikapur, P.S. & Tahsil- Ambikapur, District- Surguja, (Chhattisgarh).

---- Respondent/ Plaintiff For the Appellant :

Shri Arun Kochar, Advocate.

For the Respondent :

Shri Hemant Gupta, Advocate.

Hon'ble Shri Justice Pritinker Diwaker Hon'ble Shri Justice Rajendra Chandra Singh Samant Order on Board by Pritinker Diwaker, J.

08/02/2017 1.

At the outset, counsel for the appellant submits that he may be permitted to withdraw this appeal with liberty to approach the court below by filing an application under Order IX Rule 13 of the Code of Civil Procedure. He further submits that the court below be directed to decide the said application expeditiously so that the appellant may not suffer any loss. 2.

Counsel appearing for the respondent has no objection to the above proposition put-forth by counsel for the appellant.

3.

The appellant is permitted to withdraw this appeal with the aforesaid liberty. Needless to say, if any such application is filed under Order IX Rule 13 of the CPC the court below shall decide the same expeditiously. 4.

Registry is directed to return certified copy of Annexure-A/1 to counsel for the appellant, after keeping the authenticated true copy. Sd/- Sd/- (Pritinker Diwaker) (R.C.S. Samant) Judge Judge Nimmi