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2025 DAILYLAW 65861 (ALL)

PREMPAL MATTA v. SMT. SHALINI MATTA

FAPL/457/2025 · 2025-07-16

Saurabh Dwivedi Registrar J Cpc, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:115739-DB Court No. - 39 Case :- FIRST APPEAL No. - 457 of 2025 Appellant :- Prempal Matta Respondent :- Smt. Shalini Matta Counsel for Appellant :-Prashant Singh Counsel for respondent :- Mritunjay Mohan Sahai Hon'ble Arindam Sinha,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Mr. Prashant Singh, learned advocate appears on behalf of appellant-husband and submits, his client had filed petition for divorce. He had tendered his examination-in-chief by way of affidavit. However, he was prevented by sufficient cause from offering himself for cross-examination. His evidence was struck out. He applied for recall of the order. By judgment dated 30th April, 2025, the recall application was also rejected. He files English translation of impugned order dated 30th April, 2025 as well as another order of same date made by the Family Court under section 125 in Code of Criminal Procedure, 1973. He submits, his client wants to offer himself for cross-examination and hence, he is aggrieved by the order rejecting his application for recall. The appeal was filed in time. Service was made on caveat lodged. 2. Mr. Mritunjay Mohan Sahai, learned advocate appears on behalf of respondent and confirms service. The caveat is discharged. 3. There is endorsement by Stamp Reporter that the appeal may not be maintainable, as impugned is an interlocutory order. Mr. Singh at this stage submits, he wants to withdraw the appeal. 4. The appeal has been preferred against an interlocutory order. It is dismissed. Order Date :- 17.7.2025 Shiraz (Arindam Sinha, J.) (Dr. Y.K. Srivastava, J.) Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad