Neutral Citation No. - 2025:AHC:138788-DB Court No. - 39 Case :- FIRST APPEAL DEFECTIVE No. - 799 of 2025 Appellant :- Pradeep Kumar Respondent :- Priyanka Devi Counsel for Appellant :- Sharad Kumar Srivastava Hon'ble Arindam Sinha,J. Hon'ble Prashant Kumar,J. 1. Mr. Sharad Kumar Srivastava, learned advocate appears on behalf of appellant. He submits, his client's petition was for dissolution of the marriage. Respondent chose not to appear at trial. Judgement dated 14th October, 2022 was made granting dissolution of the marriage. Respondent applied for setting aside of the judgment on unexplained delay. Impugned is judgment dated 5th July, 2025 condoning the delay in presenting the setting aside application. He submits further, application for exemption has been filed as formal order has not been made available. 2. We find remark made by Stamp Reporter that the appeal is not maintainable. We also think so because condoning delay means the setting aside application stands admitted. If respondent is successful, appellant necessarily will have to once again prove his case, this time on contest. In the circumstances, appellant must find his remedy against impugned order by filing civil miscellaneous petition. 3. The appeal and application are dismissed. The dismissal will not prevent appellant from finding his remedy, as may be available. Order Date :- 14.8.2025/Shiraz (Arindam Sinha, J.) (Prashant Kumar, J.) Digitally signed by :- SHIRAZ ALI High Court of Judicature at Allahabad