Shivanu Mehta And Anr vs Rajinder Pal Kaur
2017 Latest Caselaw 1652 Del

$~6
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     RFA 576/2016
      SHIVANU MEHTA AND ANR                                ..... Appellants
                  Through: None.

                         versus

      RAJINDER PAL KAUR                                    ..... Respondent
                    Through: None.

      CORAM:
      HON'BLE MS. JUSTICE HIMA KOHLI
                   ORDER

% 28.03.2017

1. Notice was issued on the present appeal on 10.8.2016, returnable on 28.9.2016. In the meantime, it was directed that subject to the appellants depositing the entire decretal amount with upto date interest accrued thereon within six weeks, execution of the judgment and decree shall remain stayed.

2. On 18.11.2016, having regard to the fact that the appellants had failed to deposit the decretal amount, the interim order dated 10.8.2016 was vacated and the respondent was given liberty to seek execution of the impugned judgment and decree dated 06.2.2016, in accordance with law In the meantime, the appellants were also directed to file the process fee for effecting service on the respondent, returnable before the Registrar on 17.1.2017 with further directions that the appeal shall be listed before this court today.

3. The records reveal that none had appeared on behalf of the appellant before the learned Registrar on 17.1.2017, 07.3.2017 and 24.3.2017, nor

have they taken any steps to file the process fee for effecting service on the respondent. Even today, none is present on behalf of the appellants.

4. It appears that the appellants are not interested in prosecuting the present appeal, which is dismissed in default and for non-prosecution.

5. The date fixed before the Registrar stands cancelled.

HIMA KOHLI, J

MARCH 28, 2017 ap