Extracted from the PDF above. The PDF is authoritative.
SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
17.07.2025
MCC No. 3/2025 In FA No. 171 of 2023 Hon’ble G. Narendar, C.J. Hon’ble Ashish Naithani, J.
1. Mr. Deep Chandra Joshi, learned counsel for the appellant.
2. This Court, vide order dated 18.02.2025, taking note of the fact that the Appeal was directed against an
order setting aside the ex parte decree, and allowing the application under Order 9 Rule 13 CPC, pointed out the futility of pursuing the Appeal, in view of the satisfactory reasons given, and it was prayed by the appellant that the Appeal be disposed of, as having been rendered infructuous.
3. Now an application to recall the said order is made. The learned counsel submits that the instant application may be disposed of by directing the Principal Judge, Family Court, Dehradun to expeditiously dispose of Original Suit No. 632/2019, titled “Shri Mohan Walia v. Smt. Nidhi Walia” under Section 13 of the Hindu Marriage Act.
4. Submission of the learned counsel is placed on record.
5. In that view, MCC No. 03/2025 is disposed of by directing the Principal Judge, Family Court, Dehradun to consider expeditious disposal of Original Suit No. 632/2019, titled “Shri Mohan Walia v. Smt. Nidhi Walia”, at any rate, within an outer limit of six months
from the date of receipt of a copy of this order, in view of the fact that the parties have separated, and are living apart since the last more than six years.
6. MCC No. 03/2025 stands
disposed of accordingly.
(Ashish Naithani, J.) (G. Narendar, C.J.) 17.07.2025 17.07.2025 Rahul