Single judge appeal from a civil decree where the appellant sought to withdraw with liberty to file a statutory appeal within 15 days, which was granted.
Appeal disposed of; liberty granted to file statutory appeal within 15 days along with condonation of delay application.
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MATA No.84 of 2016
24.03.2017
Heard learned counsel for the appellant and learned counsel for the respondent.
In the present appeal, the appellant has prayed for setting aside the judgment and dec
ree dated 29.4.2016 passed by the learned Civil Judge (Senior Division), Udala in MAT Suit No.
100/299 of 2013/2015.
During course of hearing, learned counsel for the appellant wants to withdraw this app
eal with a liberty to file statutory appeal.
Considering the above, this Court grants liberty to the appellant to file an appeal al
ong with an application for condonation of delay in filing the appeal before the appellate aut
hority within a period of 15 days from today. If the appeal is filed along with an application
for condonation of delay within the period as directed, the same shall be considered by the a
ppellate authority in accordance with law keeping in mind that the MATA remained pending befor
e this Court from 4.7.2016 to 24.3.2017.
With the aforesaid observation and direction, the appeal stands disposed of.
Certified copy of the impugned order be returned to the petitioner on being substitute
d by an authenticated photocopy of the same.
Urgent certified copy of this order be granted on proper application.
I. Mahanty, J.
2
1 issue framed by the court
Whether the appellant may withdraw the appeal with liberty to file a statutory appeal.
Appellant
Respondent
Mahanty
As recorded by the court registry
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