F.A. No.294/2008
30.6.2010
Shri Amit Verma, counsel for the appellant.
Shri Siddhartha Datt, counsel for the respondent.
Heard on I.A. No.7214/2010, an application for withdrawal
of the appeal.
It is submitted by the appellant that she wants to withdraw
this appeal. Appellant is also present in the Court.
The prayer made in the application is not opposed by Shri
Siddhrtha Datt, learned counsel appearing for the respondent.
In view of aforesaid, this appeal is dismissed as withdrawn
with no order as to costs.
At this stage, Shri Verma, learned counsel appearing for the
appellant submitted that the respondent has not complied with the
order dated 13/5/2009 and he may be directed to make payment
of all the arrears of maintenance payable to the appellant as per
order dated 13/5/2009.
To the aforesaid contention, Shri Siddhartha Datt, learned
counsel appearing for the respondent submitted that he is not
aware whether all the arrears have been paid to the appellant or
not. It is further submitted that as this appeal has been
withdrawn, the appellant, if so advised, may file an execution for
the recovery of the aforesaid amount.
In view of the aforesaid contention, no further order is
required in the matter. Appellant may seek execution of the
aforesaid order in accordance with law.
With the aforesaid liberty, this appeal is dismissed as
withdrawn with no order as to costs.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
JUDGE JUDGE
DV