Hon'ble Mushaffey Ahmad,J.
Order on order sheet.
Office is required to submit an explanation with regard to report dated 26th July, 2012. It has been repeatedly pointed out to the office not to list such matters before the Court but it appears that the message has not been understood by the clerk concerned properly. It is duty of the office to get the record summoned and there is no need to list the such cases before the Court. List after one week with the explanation of the office.
(Mushaffey Ahmad,J) (Prakash Krishna,J) Order Date :- 27.7.2012 MK/ Court No. - 34 Case :- FIRST APPEAL No. - 554 of 1999 Petitioner :- Rameshwar Prasad Tripathi Respondent :- Smt. Kiran Tripathi Petitioner Counsel :- A.P. Tewari,S.S. Tripathi Hon'ble Prakash Krishna,J.
Hon'ble Mushaffey Ahmad,J.
Order on memo of appeal.
Learned counsel for the respondent submits that there is an application filed on behalf of the respondent to dismiss the appeal on account of compromise entered into between the parties. This appeal arises out of matrimonial petition. Learned counsel for the appellant is not in a position either to contradict or accept the averments made in said application. The application filed on 9.2.2005 is not on record. Although several listing applications are there. In this state of affairs, the appeal is dismissed and office is directed to trace it out and place on record. The said application stands allowed. However, it shall be open to the appellant to file recall application within a period of one month if the facts are otherwise. (Mushaffey Ahmad,J) (Prakash Krishna,J) Order Date :- 27.7.2012 MK/