Smt. Soniya vs Naveen Kumar Parakh
2021 Latest Caselaw 3700 Chatt

                                             1


                                                                               NAFR
              HIGH COURT OF CHHATTISGARH, BILASPUR

                                FA(MAT) No. 52 of 2021

   • Smt. Soniya W/o Shri Naveen Kumar Parakh D/o Kranti Kumar Soni Aged
     About 40 Years R/o Jai Ambe Mobile Shop, Bus Stand Bamhanidih, District
     Jangjir - Champa Chhattisgarh.

                                                                       ---- Petitioner

                                      Versus

   • Naveen Kumar Parakh S/o Shri Madanlal Ji Parakh, Aged About 44 Years
     R/o House No. 77, Hanuman Nagar, Kalibadi, Raipur, Tahsil And District
     Raipur Chhattisgarh.

                                                                   ---- Respondents



      For Appellant                      :       Shri Shiv Kumar Banjare, Advocate

      For Respondent                     :       Shri Ravindra Sharma, Advocate


                      Hon'ble Shri Justice Goutam Bhaduri

                      Hon'ble Smt. Justice Rajani Dubey

                               Judgment on Board


Per Goutam Bhaduri, J.

14/12/20 21

Heard.

1. Learned counsel for the appellant would submit that it is a ex-

parte decree. After some argument he would submit that he may be given

liberty to withdraw this appeal with liberty to file appropriate application

under Order 9 rule 13 of CPC before the learned Court below.

2. In view of such submission and after perusal of order sheets,

it appears that the issue may require evidence of the parties to advance

the cause of justice, therefore on merits liberty is granted to appellant to file

appropriate application before the learned Court below within a period of 3

weeks from today.

3. In view of such observation the appeal is disposed off.

4. Registry is directed to return the Certified copy of the order

impugned after retaining the photo copy of the same. The appellant shall

also be at liberty to file appropriate application before the Court below for

condonation of delay which would be considered on its own merits.

                Sd/-                                                    Sd/-


         (Goutam Bhaduri)                                     (Rajani Dubey )

               Judge                                               Judge

Jyoti