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2025 DAILYLAW 16934 (ALL)

SMT REKHA DEVI v. SHRI BABULAL

FAPLD/408/2025 · 2025-05-20

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85910-DB Court No. - 39 Case :- FIRST APPEAL DEFECTIVE No. - 408 of 2025 Appellant :- Smt Rekha Devi Respondent :- Shri Babulal Counsel for Appellant :- Dinesh Kumar Singh Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mr. Dinesh Kumar Singh, learned advocate appears on behalf of applicant-appellant. He submits, there has been amicable settlement between the parties. Hence, his instructions are his client does not want to prosecute the application nor the appeal. 2.Reproduced below is text of order dated 30th April, 2025. "1. Mr. Dinesh Kumar Singh, learned advocate appears on behalf of applicant-appellant, who was wife in the marriage dissolved by judgment dated 28th October, 2024 allowing respondent's petition. His client is aggrieved. The appeal was presented on reported delay of 64 days. Application has been made for condonation. 2. Issue notice along with this order on the application and appeal. Appellant will put in requisites for service by registered/ speed post with A.D. She will also file English translation of impugned judgment on adjourned date. 3. List on 21st May, 2025 as fresh." 3. Mr. Singh submits, his client took steps for issuance of notice. There is report enclosing Track Consignment showing delivery of notice to respondent on 14th May, 2025. He goes un-represented. 4. We presume settlement between the parties on absence of respondent in spite of notice. As such, the application and appeal are dismissed. Order Date :- 21.5.2025/Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad