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RAMESH SINGH @ RAJENDRA SINGH versus SMT. KAILASH KANWAR

High Court of Rajasthan

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RAMESH SINGH @ RAJENDRA SINGH v SMT. KAILASH KANWAR - CMA Case No. 1481 of 2004 [2006] RD-RJ 536 (29 March 2006)

D.B. CIVIL MISC. APPEAL NO.1481/2004

Vs.

Ramesh Singh @ Rajendra Singh Smt. Kailash Kanwar

Date 29.03.2006

HON'BLE MR.JUSTICE RAJESH BALIA

HON'BLE MR. JUSTICE R.P. VYAS

Mr. Shambhoo Singh for the appellant.

Mr. B.S. Mertia for the respondent. _____

Learned counsel for the appellant states that in compliance of the direction of this

Court, the provisional cost of litigation to be incurred by the respondent has not been deposited by the appellant.

We may also notice that notwithstanding granting extension of time on application dated 22nd April, 2005, no amount has been deposited.

Finding that the appellant has not deposited the requisite amount, the Court has passed an order on 21.9.2005 that if the appellant deposits the aforesaid amount before the next date of hearing, the parties shall remain present for making effort for reconciliation. In case, the appellant fails to deposit the aforesaid amount, the appeal shall stand dismissed.

In view thereof, since the appellant has not deposited the cost so far, the appeal already stood dismissed.

Otherwise also, on merit of the case, we do not find any merit in this appeal inasmuch as findings recorded by the learned trial court that the appellant has failed to prove that the respondent is living separately without reasonable cause, is well founded.

In view thereof, the appeal fails and is hereby dismissed. [ R.P. VYAS ], J. [ RAJESH BALIA ], J. babulal/


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