Mahavir v. Sukhmanti

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 241 of 2019 • Mahavir S/o Late Ramsundar Aged About 30 Years R/o Village - Gidhadand, Mouhar Dafai, Post - South Jhagrakhand, Tahsil - Manendragarh, District Korea Chhattisgarh.

---- Appellant

Versus

1. Sukhmanti D/o Shri Ramlal Aged About 42 Years W/o Shri Arjun, R/o Ward No. 03, Village - Narayanpur, Police Station - Jhagrakhand, Tahsil - Manendragarh, District - Korea, Chhattisgarh.

2. South Eastern Coalfield Ltd. Through - President / Sub - Branch Director, Sipat Road, Bilaspur, Chhattisgarh.

3. South Eastern Coalfield Ltd. Through - Chief General Manager, South Jhagrakhand Colliery Hasdev Area, Tahsil - Manendragarh, District - Korea Chhattisgarh.

4. Chief Personal Manager, North Jhagrakhand Colliery ( Bisim ) Tahsil - Manendragarh, District - Korea Chhattisgarh.

5. Manager, North Jhagrakhand Colliery, Khongapani, Tahsil - Manendragarh, District - Korea Chhattisgarh.

6. Area Commissioner, Koyla Khan Bhavishya Nidhi, Sipat Road, Bilaspur District - Bilaspur Chhattisgarh.

7. Branch Manager, Central Bank Of India, Branch - South Jhagrakhand Colliery, District - Korea Chhattisgarh.

8. Ramlal S/o Sumrekh Aged About 60 Years R/o Village - Gidhadand, Mouhar Dafai, Post - South Jhagrakhand, Tahsil - Manendragarh, District - Korea Chhattisgarh.

--- Respondents For Appellant : Shri V.C. Ottalwar, Advocate with Shri Ramsajiwan, Advocate For Respondent No.1 : Shri Parag Kotecha, Advocate For Respondents No.2 to 5: Shri Ritesh Giri, Advocate For Respondent No.6 : Shri Raj Kumar Gupta, Advocate D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava 21/10/2019 At the outset learned counsel for the appellant would submit that this appeal has been filed against ex-parte judgment and decree. Upon consideration of the matter, it is submitted that the appellant

seeks to first avail the remedy of setting aside ex-parte decree, before assailing the judgment on its own merits.

In view of the said prayer, we are inclined to allow the appellant to withdraw the appeal with liberty to take recourse to the remedy of filing application for setting aside ex-parte decree on such grounds as may be available to him under the law.

Certified copy of the impugned order be returned after retaining photocopy.

It is made clear that the period during which this appeal remained pending before this Court can be claimed for exclusion in view of provision contained Section 14 of the Limitation Act.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Vimla Singh Kapoor) Judge Judge Pawan