An Application for dismissal of appeal for non-Prosecution

IN THE COURT OF ADDITIONAL JOINT DISTRICT JUDGE, DHAKA

MISCELLANEOUS APPEAL NO. 59 OF 2003

Mrs. X Akhtar & another

APPELLANTS/

DEFENDANTS

VERSUS

Mr. Y Ahmed & another

RESPONDENTS/

PLAINTIFFS

AN APPLICATION FOR DISMISSAL OF THE APPEAL FOR NON-PROSECUTION

The appellants most respectfully states as follows:

1) That the appellant has filed this appeal challenging the order dated 15.03.2003 passed by Mr. Mohammad Yousuf Ali, 2nd Assistant Judge, Dhaka in Title Suit No. 17 of 2003 granting the application for temporary injunction on the application filed by the plaintiffs/respondents under Order 39, Rule 1 and 2 read with section 151 of the Code of Civil Procedure read with Section 53(1) of the Specific Relief Act.

2) That after filing this appeal the respondents came forward for settling the matter out of the Court with the appellant and as such the appellant does not wish to proceed with this appeal any further.

3) In the above circumstances the appeal may be dismissed for non-prosecution.

Wherefore, it is humbly prayed that your honour would be kind enough to allow this petition and dismiss the appeal for non-prosecution and pass any such order or orders as the Court may deem fit and proper.

And for this act of kindness the appellant as in duty bound shall ever pray.

AFFIDAVIT

I, ____________________________, son of _________________________ of _____________________________________________________, aged ________ years, by occupation _____________, by faith __________, nationality Bangladeshi by birth, do hereby solemnly affirm and say as follows:

1. That I am ________________ of the Appellant and am fully acquainted with the facts and circumstances of the case and competent to swear this Affidavit.

2. That the statements made above are true to the best of my knowledge and belief and the rests are submission before the Hon’ble Court on __________ at _________ a.m.

DEPONENT

The deponent is known to me and identified by me.

ADVOCATE

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