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2025 DAILYLAW 35816 (ALL)

GAURAV MOHAN MISHRA v. SMT. SAUMYA

FAPL/246/2025 · 2025-04-06

Siddhartha Varma, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49229-DB Court No. - 39 Case :- FIRST APPEAL No. - 246 of 2025 Appellant :- Gaurav Mohan Mishra Respondent :- Smt. Saumya Counsel for Appellant :- Anshul Kumar Singhal,Vinod Kumar Agarwal Hon'ble Siddhartha Varma,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Learned counsel for the appellant may correct the prayer clause in the appeal during the course of the day. 2. An application under Section 7 of the Guardians and Wards Act, 1890, was filed by the appellant. The application came to be allowed ex parte on 19.04.2023. Thereafter the respondent-wife moved an application under Order 9 Rule XIII CPC alongwith an application under Section 5 of the Indian Limitation Act. When the said application under Section 5 was allowed on 06.03.2025, the instant first appeal has been filed. 3. From the application under Section 5 of the Limitation Act and from the narration made in the order dated 06.03.2025, we find that the wife did not attend the court on account of the fact that the husband had given an assurance that a compromise would be arrived at between the parties. 4. We definitely do not consider it appropriate to interfere in the order impugned dated 06.03.2025 whereby the application under Section 5 of the Indian Limitation Act has been allowed. 5. Under such circumstances, no interference is warranted in the matter. 6. Accordingly, the first appeal is dismissed. Order Date :- 7.4.2025 Shahroz (Dr. Y.K. Srivastava,J.) (Siddhartha Varma,J.) Digitally signed by :- SHAHROJ ALAM High Court of Judicature at Allahabad