In-spite of repeated calls, Appellant is absent. Learned Counsel for the Respondent is present. Call the matter after lunch.

3.15 P.M.

 

In-spite of repeated calls, Appellant is absent to-day.  Learned Counsel for the Respondent is present.

 

On perusal the record and DFR, we find Learned Forum below/Dist. CDR Commission, Puri vide order dt.06-01-2010 in C.C. No. 83/2009 directed to the Opp. Party No.1 to 3 to execute and register the lease cum sale deed in favour of the Complainant within two month from the date of receipt of the order failing which the Opp. Party No.1 to 3 shall be liable to pay compensation of Rs.5,000/- and cost of the litigation of Rs.1,000/-. Being aggrieved by the Order of learned Dist. Forum, Puri, Appellants(Opp. Party No.1 to 3 in Forum below) filed this Appeal but the Learned Counsel for the Appellant filed an affidavit dt. 23-09-2022 stating that Appellants have issued several correspondences to the respondent thereby asking the respondent to approach the authority for registration of lease cum sale deed. But in vain till today none has approached the authorities seeking  such registration. In view of the above facts and circumstances, the Appellants hereby seek to withdraw the case on the ground that it is open to the respondent to approach the authorities for registration of lease cum sale deed in compliance of the order passed by the learned Dist. Forum, Puri. The registration of lease cum sale deed shall be executed as and when the respondent approached the authority and seek for registration. The learned Forum below has imposed certain compensation and cost upon the Appellant which may kindly be waived.

 

To-day neither the Appellant nor his counsel is present to proceed with the case.

 

Hence, the appeal is dismissed for non-prosecution.

 

Send back the DFR.