Single judge held the first appeal in a Hindu Marriage petition became infructuous due to the passage of time and a request for withdrawal, disposing of it accordingly.
Notice discharged; appeal disposed of as having become infructuous.
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C/FA/3845/1998 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3845 of 1998
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DINESHKUMAR SHANKARLAL LADANVAL (SONI)
Versus KRISHNADEVI GOPALDASJI SONI
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Appearance:
MR NS SHEVADE(845) for the PETITIONER(s) No. 1 MR AJ MEMON(1111) for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE A.J. SHASTRI
Date : 14/12/2018
ORAL ORDER
Present First Appeal is filed under Section 96
of the Code of Civil Procedure against the judgment
and decree dated 26.3.1998 passed by learned 6th
Joint Civil Judge (SD) and JMFC, Mirzapur, Ahmedabad
(Rural) in Hindu Marriage Petition No.103 of 1993,
whereby the petition of the appellant was dismissed
with cost, against which present appeal has been
filed which is pending since years.
When the matter is taken up for hearing,
Mr.N.S.Shevade, learned advocate for the appellant,
has requested the Court to allow him to get some
instructions about current affairs and ultimately, to
withdraw the present first appeal.
However, in view of the fact that this
controversy related to Section 13(1), (1-A) of the
Page 1 of 2
C/FA/3845/1998 ORDER
Hindu Marriage Act is of 1993 and ultimately, the
first appeal to be disposed of as withdrawn, then it
would be desirable to put an end to this matter at
this juncture. It is in this set of circumstance, the
cause appears to have become infrucutuous by efflux
of time.
Accordingly, the present first appeal stands
disposed of, as having become infructuous. Notice is
discharged.
The appellant is at liberty to revive the first
appeal in case of difficulty.
V.J. SATWARA
Page 2 of 2
1 issue framed by the court
Whether the first appeal filed under Section 96 of the CPC in a Hindu Marriage matter has become infructuous by efflux of time.
1 provisions across 1 enactments
Dineshkumar Shankarlal Ladnaval (Soni)
Krishnadevi Gopaldasji Soni
A.J. Shastri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court