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2025 DAILYLAW 132272 (ALL)

ANUPAMA TRIPATHI v. ABHAY DIXIT

A227/1910/2025 · 2025-04-07

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:19458 Court No. - 6 Case :- MATTERS UNDER ARTICLE 227 No. - 1910 of 2025 Petitioner :- Anupama Tripathi Respondent :- Abhay Dixit Counsel for Petitioner :- Avnish Kumar Tiwari Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed with the following relief: "(i) WHEREFORE, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the order dated 28.01.2025 whereby exemption application has been allowed on cost of Rs. 2000/- and order dated 04.03.2025 whereby application for recall of order dated 28.01.2025 been rejected, holding the same not maintainable in O. S. no. 1174/2019 In'Re; "Abhay Dixit Versus Anupama Tripathi and another" passed by IInd Additional Principal Judge, Family Court, Hardoi, annexed as Annexure No. 2 and 3 to this petition in the interest of Justice." 3. Considering the fact that the trial court has noticed that the matter is pending since long and as last opportunity, directions were issued for examination of the witnesses on a cost of Rs.2,000/-, the petition is disposed of with direction that in case, the PW-1 presents for adducing evidence within 15 days from today, no cost need be paid in terms of the order dated 28.01.2025 and in case, the plaintiff's witnesses are not present, the order dated 28.01.2025 in respect of the cost shall remain as it is. Order Date :- 7.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench