This First Appeal challenging a matrimonial decree was dismissed for non-prosecution. The appellant failed to file an affidavit regarding a reported settlement, citing an alleged withdrawal instruction. The court found the matter protracted due to adjournments and refused further delay.
First Appeal dismissed for non-prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JHARKHAND AT RANCHI (Civil Appellate Jurisdiction)
FA No. 131 of 2018
Jhupar @ Dindayal Mandal, son of Manu Mandal, resident of village Sindarjuri, PO & PS Karmatanr, District-Jamtara … …. Appellant Versus
Hurwa Mandalain, wife of Shyamlal Singh, resident of village Singarjuri, PO & PS Karmatanr District-Jamtara … …. Respondent
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CORAM : HON’BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON’BLE MR. JUSTICE RATNAKER BHENGRA
-----For the Appellant(s) : Mr. Nityanand Prasad Choudhary, Advocate For the Respondent : Mrs. Rajni Singh, Advocate
------ O R D E R
2nd November 2022
Per, Shree Chandrashekhar,J.
Jhupar @ Dindayal Mandal has filed the present First Appeal against the judgment dated 30th January 2018 and decree prepared and signed on 9th February 2018 in Original Suit No. 06 of 2014, which was dismissed on contest.
“10/11.12.2019 Learned counsel for the appellant submits that talks for compromise between the parties are underway. He prays for four weeks time so that the matter if amicably settled may be disposed of in that light.
Accordingly, let the case appear after four weeks.
2 FA No. 131 of 2018
27th September 2022 and 10th October 2022.
“Order No.14/Dated: 10th October 2022
Mrs. Rajni Singh, the learned counsel appears for the respondent and informs the Court that parties have amicably settled their dispute between themselves.
Mr. Nityanand Prasad Choudhary, the learned counsel appears for the appellant and seeks adjournment to get instruction on this issue.
On or before the next date of hearing, the parties may file their respective affidavit, if there is amicable settlement of their dispute.
Post this matter on 2nd November 2022.”
(Shree Chandrashekhar, J.)
(Ratnaker Bhengra, J.)
Jharkhand High Court, Ranchi Dated: 2nd November, 2022 SB/Nibha-NAFR
1 issue framed by the court
Whether the First Appeal in matrimonial proceedings be dismissed for non-prosecution due to the appellant's failure to swear affidavit after a reported settlement.
1 provisions across 1 enactments
Jhupar @ Dindayal Mandal
Hurwa Mandalain
SHREE CHANDRASHEKHAR
RATNAKER BHENGRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
