^ - IN THE HON'BLE HIGH'~COURT OF CHHATTISGARH c *t^'^ AT BILASPUR --^ F.A.(M) N0. ^^ /2010 'G 'Y/- ^ APPELLANT PLAINTIFF ......^^ s:;.-;..'-^"° »A.-"" RESPONDENT DEFENDANT Deepak Banerjee S/o Shri Ashit Kumar Banerjee aged 30 years Resident of Plot No. 121/2A, Maitri Nagar, Risali, Bhilai, Dist. Durg (C.G). VERSUS Smt Shivani Banerjee W/o Deepak Banerjee aged 24 years Resident of JM 2C/76, Saket Nagar P.0. Habibganj, Bhopal (M.P) FIRST APPEAL UNDER SECTION 19(1) OF THE FAMILY COURT ACT^1984 HIGH COURT OF CHHATTISGARH ATBILASPUR DIVISION BENCH: HQN'BLE MR. I.M.QUDDUSI & HON'BLE MR. G. MINHAJUDDIN. JJ. Appellant Plaintiff Respondent/ Defendant First Appeal (Ml No. 63 of 2010 Deepak Banerjee Vs Smt. Shivani Banerjee Present: Mr. Vikram Dixit, counsel for the appellant. ORDER (Orall (18th November, 2011) Per I.M. Quddusi. J This appeal has been filed under Section 19(1) of the Family Courts Act, 1984, against the judgment and decree dated 14.5.2010 passed by Second Additional Principal Judge, Family Court, Durg (CG) in Civil Suit No.62-A/07, whereby the application preferred by the appellant/plaintiff under Section 12(1)(b) (c) read with Section 13(1)(iii) ofthe Hindu MarriageAct, has been dismissed. Learned counsel for the appellant informs this Court that the parties have arrived at a compromise and a separate decree of divorce has already been passed by mutual consent vide order dated 29.9.2011 passed by Principal Judge, Family Court, Durg (CG) in Civil Suit No.47-A/2011. Therefore, he seeks to withdraw the instant appeal as it has become infructuous. Since divorce has already taken place by mutual consent, this appeal has become infructuous and is dismissed as such^ Sd/- I-M.Quddusi Judge Sd/- G. Minhajuddin Judge