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2025 DAILYLAW 77272 (ALL)

SHIVAM v. SMT. NEETU YADAV

FAPLD/798/2025 · 2025-08-13

Prashant Kumar, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138768-DB Court No. - 39 Case :- FIRST APPEAL DEFECTIVE No. - 798 of 2025 Appellant :- Shivam Respondent :- Smt. Neetu Yadav Counsel for Appellant :- Pankaj Kumar Mishra Hon'ble Arindam Sinha,J. Hon'ble Prashant Kumar,J. Mr. Saurabh Mishra, learned advocate holding the brief appears on behalf of applicant- appellant (husband). He submits, his petition for dissolution of the marriage was dismissed for default. He filed for restoration on delay. By judgment dated 2nd April, 2025, the application for condonation of delay was rejected. The appeal was presented on reported delay of 74 days. Application has been made for condonation. Stamp Reporter has made endorsement that the appeal may not be maintainable. We see that impugned judgment is one, by which application for condonation of delay was rejected. Applicant-appellant has also come before us on delay. Be that as it may, said judgment only dealt with cause shown for delay as not accepted. The appeal is not maintainable. Applicant must find his remedy by filing civil miscellaneous petition. The application and appeal are dismissed. The dismissal will not prevent applicant from finding his remedy in law. For the purpose, applicant may apply for return of certified copy of impugned judgment, upon producing photocopy thereof, to be kept in the record. Order Date :- 14.8.2025/Ashutosh (Arindam Sinha,J.) (Prashant Kumar,J.) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad