Hetal vs Ramesh Kumar ...
2023 Latest Caselaw 8157 Raj

[2023:RJ-JD:33460-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Civil Misc. Appeal No. 1528/2023

Hetal W/o Shri Ramesh Kumar, Aged About 45 Years, D/o Shri Mayank Bhai, Resident Of Takhatgarh, At Present R/o B-46 Hariom Apartment, Radio Near Mirichi Towar, Vejalpur, Ahmedabad (Gujrat) 380015. Wrong Address Mentioned By The Respondent In His Application Whereas On Date3D 01/11/2020 The Appellant Was Residing At- J/7, Yogeshwar Apartment, Vijalpur, Ahmedabad-380051 At Present Since 01/11/2021 Residing At - R/o A/36, Jay Shree Hariom Apartment, Opp. Radio Mirchi Towar, Vejalpur-380015.

----Appellant Versus Ramesh Kumar S/o Shri Moti Lal, Resident Of Takhatgarh, Tehsil Sumerpur, District Pali (Raj).

----Respondent

For Appellant(s) : Mr. K.L. Chouhan.

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN BHANSALI HON'BLE MR. JUSTICE RAJENDRA PRAKASH SONI

Order

07/10/2023

1. This appeal is directed against the judgment & decree dated

07.10.2022 passed by the Additional District Judge, Sumerpur,

District Pali, whereby the said Court has passed ex-parte decree

dissolving the marriage between the appellant & the respondent.

2. A perusal of the record indicates that against the ex-parte

decree, the present appeal has been filed and the plea taken in

the appeal essentially is for seeking setting aside the ex-parte

decree. For seeking setting aside the ex-parte decree, the

appellant is first required to approach the court, which passed the

[2023:RJ-JD:33460-DB] (2 of 2) [CMA-1528/2023]

ex-parte decree under Order IX, Rule 13 CPC. The appeal against

the judgment & decree dated 07.10.2022 could only be filed on its

merit.

3. In view of the above fact situation, learned counsel for the

appellant seeks withdrawal of the appeal with liberty to approach

the trial court by way of appropriate proceedings including

application under Order IX, Rule 13 CPC.

4. Consequently, the appeal filed by the appellant is dismissed

as withdrawn with liberty as aforesaid.

(RAJENDRA PRAKASH SONI),J (ARUN BHANSALI),J 8-Rmathur/-

consequently

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