Late Shri Prakash Dixit Through ... vs Smt. Koshaliya Dixit
2023 Latest Caselaw 1569 MP

                                                             1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                   BEFORE
                                  HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                              ON THE 27 th OF JANUARY, 2023
                                              CIVIL REVISION No. 197 of 2021

                          BETWEEN:-
                          LATE SHRI PRAKASH DIXIT THROUGH SHUBHAM
                          DIXIT S/O LATE SHRI PRAKASH DIXIT, AGED ABOUT 26
                          YEAR S , OCCUPATION: STUDENT R/O C/O LOCHAN
                          PRASAD      DIXIT,VILLAGE-   DHAMNA,      DISTT.
                          NARSINGHPUR M.P (MADHYA PRADESH)

                                                                                            .....PETITIONER
                          (BY SHRI PRAMENDRA SINGH THAKUR-ADVOCATE)

                          AND
                          SMT. KOSHALIYA DIXIT W/O LATE PRAKASH DIXIT,
                          AGED ABOUT 48 YEARS, R.O H.NO. 274, VILL. TEWAR,
                          THANA BHERAGHAT, DISTT. JABALPUR M.P (MADHYA
                          PRADESH)

                                                                                         .....RESPONDENTS
                          (BY SHRI JITENDRA TIWARI-ADVOCATE )

                                This revision coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

This civil revision has been preferred by the petitioner challenging the order dated 24.10.2016 passed by Family Court, Katni in MJC No.24/2015, whereby learned Court by allowing the application under Order 9 Rule 13 of CPC has set aside the ex-parte decree of divorce passed on 29.01.2015 against the respondent-1 Smt. Koshaliya Dixit.

2. From bare perusal of the record, it is clear that after setting aside the ex- parte judgment and decree dated 29.01.2015, original petition for divorce came Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 1/28/2023 11:31:10 AM

for hearing and was dismissed vide order dated 14.12.2016 due to death of husband Prakash Dixit.

3. In view of the aforesaid and after arguments at length, learned counsel for the petitioner prays for withdrawal of this civil revision with liberty to challenge the order dated 14.12.2016 passed in original petition for divorce.

4. Learned counsel for the respondent has no objection to the aforesaid prayer made on behalf of the petitioner.

5. In view of the aforesaid prayer made on behalf of the petitioner, this civil revision is dismissed as withdrawn with the aforesaid liberty, certainly in accordance with law.

6. Interim application(s), if any, shall stand dismissed.

(DWARKA DHISH BANSAL) JUDGE sh

Signature Not Verified Signed by: S HUSHMAT HUSSAIN Signing time: 1/28/2023 11:31:10 AM