Mohd. Nayeemuddin Khan Shabbir vs Rizwana Begum
2021 Latest Caselaw 770 Tel

Item No.8
      THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
                                  AND
      THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
                           F.C.A. No.9 of 2008
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)

1.        The present appeal was listed on 05.03.2021. As none was

present on behalf of the appellant on the said date, the same was

adjourned for today for being dismissed.

2.        Today, Mr. C.V.Bhaskar Reddy, learned counsel enters

appearance on behalf of the appellant/husband and states that despite

the fact that he had sent a notice to his client through registered post

with acknowledgement due, his client has not contacted him and he

has no instructions.

3.        Mr. Mohd. Ghulam Hussain, learned counsel for the

respondent/wife informs the Court that during the pendency of the

appeal, the parties have resolved their inter se disputes and they have

been living separately for the past several years. Therefore, nothing

survives for adjudication in the present appeal. It is perhaps for the

said reason that the appellant is not contacting learned counsel for the

appellant.

4. In view of the submission made above, we have no option, but

to dismiss the present appeal for non-prosecution. The present appeal

is dismissed for non-prosecution along with the pending applications,

if any.

_________________ HIMA KOHLI, CJ

______________________ B. VIJAYSEN REDDY, J 15.03.2021 lur