'f, s'y- iy*.. -n.^- 9'^s. ^C^? INJ'HE HIGH COURT OF CHHATTISGARH AT BILASPU] APPELLANT DEFENDANT First Appeal (M) No. s_^ /2011 Mohd Khan @ Nan, S/o Shri Abdul Aziz IChan, aged about 25 years, Occupation Auto Rickshaw Driver, R/o near Usha Public School, Takiya Road, Ambikapur P.S. 85 Tahsil Ambikapur, District-Sarguja (C.G.) VERSUS RESPONDENT PLAINTIFF Tasirun Nisha@ Soni D/o. Shri Shah Jaha Khan, aged about 23 years, R/o Idgah Para, Pratappur, P.S. & Tahsil Pratappur, District Sarguja )C.G.) FIRST APPEAL (M) UNDER SECTION 19(1! OF COURTS ACT HIGH COURT OF CHHATTISGARH AT BILASPUR First Appeal (M) No. 28 of2011 APPELLANT RESPONDENT Mohd. Khan @ Nan Versus Tasirun Nisha 8>. Soni First Appeal (M) Under Section 19 (11 of Familv Courts Act DB: Hon'ble Shri Justice I.NI. Quddusi & Hon'ble Shri Justic6 N. K. Agarwal. Present : Shri Shakti Raj Sinha, Advocate forthe appellant. None for the respondent ORAL ORDER (Passed on 05.05.2011) Per : I.M. Quddusi, J. 1. The respondent has refused to receive the notice, and therefore, service is sufficient, and matter is heard in absence of respondent. 2. Heard on IA No. 1, application for condonation of delay in filing the appeal. 3. On due consideration, the grounds mentioned in the apptication, we aresatjsried that the appellant has succeeded in explaining the cause of delay in fiiing the appeal. Therefore, the application is allowed and the delay caused in filing the appeal is hereby condoned. 4. The instant appeal has been preferred by the appellant against the awacd dated 07.09.2010, passed by the Judge, Family Court, Ambikapur, Distt. Surguja, in Civil Suit No. 39-A/09, ^s 'Sg^ ; '%i..> ••".^" w'^ ' .^ ss^^::~" Sahu 1 directing the appellant to pay an amount of Rs. 12,800/- (on account of Mehar & Iddat expenses) to the respondent in three monthly installments. 5. 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. 12,800/- shall be deposited by the appellant in 13 monthly installments (1000X12 + Rs. 800/-as 13th installment). Installment shall be deposited in the court below by 10 ofevery month which will be started from the month of June, 11, failing which the respondent shall be entitled to recover the whole amount and in that case benefit of this order shall no more be available to the appellant. 6. With the above modification the appeal is disposed of upholding the total amount, as directed by the court below. Sd/- I.M.Quddusi Judge Sti/- I.K. Agarwa! Judae