SMT.MANJULA versus JAGDEEP AGARWAL

High Court of Rajasthan

Indian Supreme Court Cases / Judgements / Legislation

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SMT.MANJULA v JAGDEEP AGARWAL - CMA Case No. 04668 of 2006 [2007] RD-RJ 3591 (25 July 2007)

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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CIVIL MISC. APPEAL No. 04668 of 2006

SMT.MANJULA

V/S

JAGDEEP AGARWAL

Mr. RS MAKAD for Mr. DEELIP KAWADIA, for the appellant / petitioner

Date of Order : 25.7.2007

HON'BLE SHRI N P GUPTA,J.

ORDER

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Head learned counsel for the appellant.

Perused the application, and the impugned order.

In my view, the learned trial court has given good and cogent reasons for dismissing the application, and reasons are so glaring which have not been sufficiently controverted, and cannot be sufficiently controverted inasmuch as after filing of the suit the defendant executed release deed in favour of his elder brother, and then after the service of summons also, the marriage of the children was solemnised at Bangalore.

In these circumstances, it is too much to accept that whereabouts of the defendant were not known to the petitioner.

In that view of the matter, I do not find any sufficient ground to interfere with the impugned order. The application for permission to file appeal, so also the appeal is dismissed.

( N P GUPTA ),J. /Sushil/

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