Application for Dismissal of Appeal for Non-Prosecution | Bangladesh Court Template

Sample Application for Dismissal of Appeal for Non-Prosecution in Bangladesh

This document provides a clear and professional template for applying to dismiss an appeal for non-prosecution in a Bangladeshi court. It is designed to assist lawyers, legal professionals, and individuals seeking to withdraw an appeal due to out-of-court settlements or other reasons.

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

APPLICATION FOR DISMISSAL OF APPEAL FOR NON-PROSECUTION

The appellants respectfully submit the following:

  1. The appellants 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. The order granted a temporary injunction based 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 and Section 53(1) of the Specific Relief Act.
  2. Following the filing of this appeal, the respondents approached the appellants for an out-of-court settlement. Consequently, the appellants no longer wish to pursue this appeal.
  3. Under these circumstances, the appellants humbly request that this appeal be dismissed for non-prosecution.

Prayer
The appellants pray that Your Honor kindly allows this petition, dismisses the appeal for non-prosecution, and passes any further orders as deemed fit by the Court.

AFFIDAVIT

I, [Your Name], son/daughter of [Father’s Name], residing at [Your Address], aged [Your Age] years, by occupation [Your Occupation], by faith [Your Faith], and a Bangladeshi citizen by birth, solemnly affirm and state as follows:

  1. I am the [relationship to the appellant, e.g., representative] of the appellant and am fully aware of the facts and circumstances of this case, competent to swear this affidavit.
  2. The statements made above are true to the best of my knowledge and belief. The rest are submissions before the Honorable Court on [Date] at [Time].

Deponent
The deponent is known to me and identified by me.

Why Use This Template?

  • Legally Accurate: Crafted to comply with Bangladeshi legal standards and court procedures.
  • Easy to Customize: Includes placeholders for names, dates, and other details.
  • Time-Saving: Provides a ready-to-use format for legal professionals and individuals.

How to Use This Template

  1. Replace placeholders (e.g., [Your Name], [Your Address]) with relevant details.
  2. Ensure all dates and case numbers match your legal documents.
  3. Apply to the appropriate court with the necessary signatures and notarization.

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