Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 889 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J.
HON'BLE AVNISH SAXENA, J. Mr. Saurabh Pandey, learned advocate appears on behalf of applicant- appellant and submits, his client was successful in obtaining decree for divorce on judgment dated 15th July, 2020, made ex parte against respondent. She chose to go unrepresented. On her thereafter applying for setting aside, by impugned judgment dated 22nd May, 2025, the decree was set aside and the matrimonial case restored. His client is aggrieved. The appeal was preferred on reported delay of 52 days. Applications have been made for condonation and exemption. We find Stamp Reporter has remarked that the appeal appears to be not maintainable. Upon the matrimonial case restored, there will follow trial. As such impugned judgment is interlocutory in nature. The appeal is not maintainable. The appeal is dismissed as not maintainable. The dismissal will not prevent appellant from finding his remedy by filing civil miscellaneous petition. Applicant may have return of the certified copy upon producing true photostat copy. September 15, 2025 Ashutosh Versus Counsel for Appellant(s) : Gaurav Srivastav, Saurabh Pandey Counsel for Respondent(s) :
(Arindam Sinha, J.)
(Avnish Saxena, J.) Kamal Kishor .....Appellant(s) Smt. Anuradha .....Respondent(s) Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH SINGH High Court of Judicature at Allahabad