^>; (G> c-rr. p r'i.RSnn s's?<8"s!&^ IN THE HIGH COURT OF CHHATTISGARH AT BILAS] APPELLANT DEFENDANT ^s-ii& ^^\ ^^^'L-'-"'''"^-' ^' .»-•• ^^ 3 First AppeaKMlNo. 2.5 /2011 Mohd Khan @ Nan, S/o Shri Abdul Aziz Khan, aged about 25 years, Occupation Auto Rickshaw Driver, R/o near Usha Public School, Takiya Road, Ambikapur P.S. BE Tahsil Ambikapur, District-Sarguja (C.G.) VERSUS RESPONDENT PLAINTIFF FIRST APPEAL Shanaz Parvin D/o. Seraj Ansari aged about 22 years, R/'o Barejpara, Dr. Jakir Husain ward No.35, Nagar Ambikapur, P.S. & Tahsil Ambikapur, District Sarguja )C.G.) UNDER SECTION 19(1) OF COURTS ACT @ HIGH COURT OF CHHATTISGARH AT BILASPUR First Appeal (W No. 29 of2011 APPELLANT RESPONDENT Mohd. Khan @ Nan Versus Shanaz Parvin First Appeal (M) Under Section 19 (1) of Familv Courts Act DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri Shakti Raj Sinha, Advocate for the appellant. Shri Punit Ruparel, Advocate for the respondent ORAL ORDER (Passed on 05.05.2011) Per: I.M. Quddusi, J. 1. Heard on IA No. 1, applicatlon for condonation of delay in filing the appeal. 2. On due consideration, the grounds mentioned in the application, we are satisfied that the appellant has succeeded in explaining the cause of delay in filing the appeal. Therefore, the appli^tion is allowed and the delay caused in filing the appeal is hereby condoned. 3. The instant appeal has been preferred by the appellant against the gward dated 07.09.2010, passed by the Judge, Family Court, Ambikapur, Distt. Surguja, in Civil Suit No. 25-A/09, directing the appellant to pay an amount of Rs. 27,586/- (on account of Mehar & Iddat expenses) to the respondent in three monthly installments. ~~-~ "'• '%, i |? ^^^^^^ 1 6 ^2essaiyj v^ 4. Since the appellant is ready to pay the amount as fixed by the court below and only prayed for easy installments, without going into the merits of the matter, this appeal is disposed of and it is directed that amount of decree i.e. Rs. 27,586/- shalt be deposited by the appellant in 13 monthly instaltments (2225X12 + Rs. 886/- as 13th installment). InsSallment shall be deposited in the court below by itf" of every month which will be started from the mofith of June, 11, failing which the respondent shall be entltled to recover the whole amount and in that case benefit of this order shall no more be available to the appellant. 5. With the above modification the appeal is disposed of upholding the total amount, as dlrected by the court below. Sd/- I.M.Quddusi Judge Sd/- N.K. Agarwal Judge Sahu t