Neutral Citation No. - 2025:AHC:38446 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 7675 of 2025 Applicant :- Ram Palat Kannaujia And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Furquan Ahmad (Alvi) Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Furquan Ahmad, learned counsel for the applicants as well as Sri Vikas Sharma, learned State Law Officer for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the impugned order dated 2.01.2023 passed in Complaint No.110779 of 2021 and Execution (Izra) No.504 of 2023 (Saroj Kumari vs. Sunil and other), under Section 12 of the Domestic Violence Act, 2005, P.S. Gulriha, District Gorakhpur pending in the court of Civil Judge,Junior Division FTC/Gorakhpur. 3. Learned counsel for the applicants submits that the applicants are father-in-law and mother-in-law, who had disowned the opposite party no.2 and their son, however, an ex parte order came to be passed by the court below on 2.1.2023. He submits that the recital contained in the order dated 2.1.2023 that there happens to be the service of notice upon the applicants on 2.5.2022 which has been found to be sufficient is incorrect as the applicants have not received any notice. The applicants were totally unaware about the pendency of the present proceedings. 4. Learned State Law Officer on the other hand submits that the order which is being sought to be challenged in the present proceeding is amenable to appeal under Section 29 of the 2005 Act and thus the applicants can prefer an appeal. 5. Having heard the arguments so advanced across the bar this Court is of the opinion that the issue as to whether there was any service of notice upon the applicants or not while contending that there is no satisfaction accorded by the court below reference order dated 2.5.2022 is a matter which can be raised in appeal and the applicants can raise on factual legal issues in that regard. 6. Accordingly, the application stands consigned to record leaving it open to the applicants to prefer an appeal. 7. At this stage, learned counsel for the applicants submits that the limitation period of 30 days, however, it is open for the applicants to take aid of the statutory provisions which may apply. Order Date :- 18.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad