Extracted from the PDF above. The PDF is authoritative.
( 2025:HHC:1036 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
FAO (FC) No. 27 of 2022
Decided on: 6th January, 2025
Nisha Kumari
.......Appellant.
versus
Shiv Raj Sangrai
...Respondent
Coram The Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon’ble Mr. Justice Rakesh Kainthla, Judge.
Whether approved for reporting?1
For the appellant: Mr. Rakesh Kumar Sharma, Advocate, Legal Aid Counsel.
For the respondent: Mr. Rakesh Thakur, Advocate vice Mr. Jai Dev Thakur, Advocate.
Tarlok Singh Chauhan, Judge (Oral)
Learned counsel for the appellant states that he may be permitted to withdraw the instant appeal with liberty to approach the learned trial Court i.e. the Principal Judge, Family Court by moving an appropriate application under Order 9 Rule 13 of the Code of Civil Procedure. Given the fact that it is the specific case of the appellant that she has not been served in those proceedings, we deem it appropriate to permit the appellant to withdraw this appeal with liberty to file the application as aforesaid. Ordered accordingly.
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
( 2025:HHC:1036 ) 2
2.
Needless to add, since the appeal has been filed through legal aid counsel, therefore, the time spent in obtaining the legal aid and filing the instant appeal up till date, shall not come in the way of the appellant, in the event of application being filed within 15 days from today.
3.
The appeal is disposed of in the aforesaid terms, so also the pending applications, if any.
( Tarlok Singh Chauhan )
Judge
January 06, 2025 ( Rakesh Kainthla ) (naveen)
Judge