HIGH COURT OF CHHATTISGARH AT BILASPUR DWISION BENCH CORAM: HON'BLBMR. T.P, SHARMA fli HON'BLB MR. R. L. JHANWAR. JJ. FIRST APPBAL (M| No. 82 OF 2008 APPELLANT NON-APPLICANT VERSUS RESPONDENT APPLICANT Ashok Kumar Agrawal S/o Late Madan Lal Agrawal, aged about 33 years R/o Sharda provision Stores, Rajeev Vihar, Rajkishore Nagar, Seepat Road, BUaspur Distt. Bilaspur (C.G.). Srat. Kiran Agrawal W/o Shri Ashok Kumar Agrawal, aged about 30 years, R/o Indira Nagar Raigarh, Tah. & Distt. Raigarh (C.G.). FIRST APPBAL UNDER SECTION 19( li OF THB FAMILY COURT ACT. Present- Shri M.K. Sinha, Advocate for the appellant. None for the respondent, although served. ORAL-JUDGBMBNT (Passedon 03/11/2009) The followms order of the Court w^s passed bv T.P. Sharma. J:- 1. Heard. 2. During fhe course of argument leamed counsel for the appellant submits that he seeks to withdraw fhis appeal with liberty to file appropriate application under Order 9 Rule 13 of the Code of Criminal Procedure, 1973 before the Judge, Family Court for setting aside fhe judgment Kr -?- 5. 6. and decree passed exparte against the appeUant. This is a exparte judgment and decree against the appellant and remedy for setting aside fhe judgment and decree passed exparte against the appellant was available to fhe appellant. Consequently, this appeal is dismissed as withdrawn wifh aforesaid liberty. Certil&ed copy of the judgment and decree be retumed to the appellant alter fumishmg the duly authenticated photocopy ofthe same. Accordingly, I.A. No. 1 stands dismissed. No order as to costs. Sd/- T.P. Sharma Judge Sd/- R.L. Jhanwar Judge ^l^