HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL DEFECTIVE No. - 987 of 2025 Court No. - 39 HON'BLE ARINDAM SINHA, J. HON'BLE SATYA VEER SINGH, J. 1. Mrs. Anjali Upadhya, learned advocate appears on behalf of applicant- appellant husband. She submits, her client has preferred the appeal against judgment dated 28th August, 2025 rejecting his applications for condonation and restoration of the matrimonial case. By order dated 18th July, 2024, her client's matrimonial case for dissolution of the marriage stood dismissed for default. In applying for restoration, there was delay of 9 days, for which he had also applied for condonation. By impugned judgment dated 28th August, 2025 the Family Court said, the explanation was unsatisfactory and rejected the applications. Her client is aggrieved. The appeal was filed in time. 2. There is report that the appeal was filed beyond time by 395 days. It has been reckoned from the dismissal of default order dated 18th July, 2024. Appellant says, he preferred the appeal against order dated 28th August, 2025 and as such, the appeal was presented within time. 3. Furthermore, Stamp Reporter has remarked that the appeal may not be maintainable. We accept the remark because in event appellant is successful in getting interference against impugned order by filing civil miscellaneous writ petition, the proceeding will be restored. Thus, impugned order cannot be said to be a final order. More so, as submitted by Mrs. Upadhya, the parties remain separated. 4. In view of aforesaid, we find the appeal to be not maintainable. It is Versus Counsel for Appellant(s) : Anjali Upadhya, Eshita Sand, Yashaswi Pathak Counsel for Respondent(s) : Hemendra Nath Yogeshwar .....Appellant(s) Smt. Komal Goswami .....Respondent(s) dismissed. Accordingly, the application is also dismissed. The dismissal will not prevent appellant from filing civil miscellaneous writ petition against impugned order, if she is so advised. October 8, 2025 Salim FAPLD No. 987 of 2025 2 (Arindam Sinha,J.) (Satya Veer Singh,J.) Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad