Sradhanjali Burgi vs Balmiki Dehury
2023 Latest Caselaw 12059 Ori

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 MATA No. 76 of 2023

            Sradhanjali Burgi                       ....           Appellant

                                          Mr. Jagannath Bhuyan, Advocate
                                       -versus-

            Balmiki Dehury                          ....      Opposite party




                     CORAM:
                                 JUSTICE ARINDAM SINHA
                                 JUSTICE SIBO SANKAR MISHRA
                                        ORDER

05.10.2023 Order No.

03. 1. Mr. Bhuyan, learned advocate appears on behalf of appellant.

He files memo of date. Text of it is reproduced below.

"The aforesaid appeal filed by the appellant assailing the judgment passed by the learned Judge Family Court, Kandhamal, who dismissed the petitioner filed under section 9 for restitution of conjugal right under Hindu Marriage Act but meanwhile respondent filed a petition for divorce before the Court of the Judge Family Court, Kandhamal. So for the reason stated above the appellant does not want to proceed with case and permitted to withdraw the appeal"

He submits, prayer in the memo be allowed for his client to withdraw the appeal.

// 2 //

2. Perusal of order sheet reveals petitioner did not seek issuance of notice of appeal. In the circumstances, there is no impediment for petitioner to withdraw.

3. The appeal is dismissed. Registry is directed to communicate this order to the Family Court.

(Arindam Sinha) Judge

(S.S. Mishra) Judge Sks

Signature Not Verified Digitally Signed Signed by: SISIR KUMAR SETHI Designation: PERSONAL ASSISTANT Reason: Authentication Location: ORISSA HIGH COURT Date: 05-Oct-2023 17:30:39