Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:8764 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 130 of 2022 Applicant :- Ankita Mishra And Anr. Opposite Party :- Piyush Mishra Counsel for Applicant :- Shesh Ram Mishra Counsel for Opposite Party :- Shiv P. Shukla Hon'ble Manish Mathur,J.
1. Mr. Shiv P. Shukla, learned counsel for sole opposite party submits that he has filed supplementary affidavit dated 05.02.2025 and in paragraph 3 thereof, it has been specifically stated that in view of changed circumstances, opposite party is not interested in carrying on with the proceedings for custody of baby Vrinda Mishra.
2. Learned counsel for applicants submits that Case No.32 of 2022 under Section 25 of Guardian and Wards Act, 1890, was dismissed in default of appearance on 08.05.2024 and restoration application bearing no.625 of 2024 filed thereagainst is still pending consideration.
3. In view of specific averment made in paragraph 3 of the affidavit filed by opposite party, there does not appear to be any occasion to transfer the proceedings.
4. Liberty is granted to opposite party to file appropriate application seeking withdrawal of Misc. Application no.625 of
2024. In case such an application is filed, court concerned shall pass appropriate orders thereupon expeditiously preferably within a period of four weeks from the date of presentation of such application.
5. In case no such application seeking withdrawal of restoration application is filed by opposite party within a period of four weeks from today, liberty is granted to applicant to file fresh application seeking transfer of proceedings.
6. With aforesaid directions, the application stands disposed of. Order Date :- 11.2.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench