Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2018 Supreme(Raj) 201

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
G. R. MOOLCHANDANI, PRADEEP NANDRAJOG, JJ.
Smt. Ankita Sharma @ Anita Pandey W/o Shri Sourabh Sharma - Appellant
Versus
Shri Sourabh Sharma S/o Shri Ashok Sharma - Respondent
D.B. Civil Miscellaneous Appeal No. 2816 of 2008
Decided On : 23-01-2018

Advocates Appeared:
For the Appellant : Mr. G.S. Sharma
For the Respondent: Mr. Anil Yadav

Dismissal for non-prosecution due to appellant's counsel pleading no instructions and inability to argue the appeal.

Headnote:
Dismissal - Non Prosecution - The court dismissed the appeal for non-prosecution as the appellant's counsel pleaded no instructions and inability to argue the appeal, while the respondent had obtained a decree of divorce and remarried.
Fact of the Case:

The appellant's counsel pleaded no instructions and inability to argue the appeal, while the respondent had obtained a decree of divorce and remarried.
Finding of the Court:

The court dismissed the appeal for non-prosecution.
Issues: Non-prosecution of the appeal
Ratio Decidendi: The appellant's counsel pleaded no instructions and inability to argue the appeal, leading to the dismissal for non-prosecution.
Final Decision: The appeal was dismissed for non-prosecution.

ORDER :

1. Parties were sent to mediation on 30/05/2017. The respondent did not appear before the mediator.

2. The appeal pertains to year 2008. Learned counsel for the appellant states that the appellant is not responding to the counsel. Counsel pleads no instructions and inability to argue the appeal. The respondent has been successful in obtaining the decree of divorce. Learned counsel for the respondent states that the respondent has remarried in the interregnum.

3. Since counsel for the appellant pleads no instructions to argue the appeal, the same is dismissed for non prosecution.

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