Nikita Yashwantsinh Chauhan D/O ... vs Yashwantsinh Kiritsinh Chauhan
2021 Latest Caselaw 18343 Guj

       C/CA/2322/2019                                ORDER DATED: 13/12/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CIVIL APPLICATION NO. 2322 of 2019

                        In F/FIRST APPEAL NO. 19388 of 2019

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 NIKITA YASHWANTSINH CHAUHAN D/O DEVENDRASINH ABHAYSINH
                          KOTIA
                         Versus
             YASHWANTSINH KIRITSINH CHAUHAN
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Appearance:
MR HARSHIT S TOLIA(2708) for the Applicant(s) No. 1
MR PARTH S TOLIA(5617) for the Applicant(s) No. 1
SHIRISHCHANDRA B TOLIA(8163) for the Applicant(s) No. 1
MR AS ASTHAVADI(3698) for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MR. JUSTICE NIRAL R. MEHTA

                                 Date : 13/12/2021

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1. This is an application at the instance of the original defendant

- wife praying for condonation of delay of 623 days in filing the First Appeal against the judgment and decree passed by the Principal Judge, Family Court, Vadodara in the Family Suit No.37 of 2016 dated 04.07.2017.

2. This application was heard in the past and this Court was of the view that as the applicant herein seeks to challenge so-called ex-parte decree, she must file an appropriate application before the Family Court invoking the provisions of Order IX Rule 13 of the Code of Civil Procedure.

C/CA/2322/2019 ORDER DATED: 13/12/2021

3. Having regard to this remedy available to the applicant, we were not inclined to condone the delay.

4. Today when the matter was taken up for further hearing, Mr. Tolia, the learned counsel submitted that his client is contemplating to file an appropriate application before the Family Court at Vadodara under the provision of Order IX Rule 13 of the Code of Civil Procedure. In such circumstances, Mr. Tolia has instructions from his client not to press this application any further and withdraw the same.

5. This application is disposed of with liberty to the applicant to move an appropriate application before the Family Court at Vadodara under the provision of Order IX Rule 13 of the Code of Civil Procedure. If any such application is filed, the issue of delay, if any, may be considered accordingly having regard to the fact that the applicant thought fit to come before the High Court by filing First Appeal challenging the ex-parte decree.

6. With the aforesaid, this application stands disposed of. We clarify that we have otherwise not expressed any opinion on the merits of this litigation.

(J. B. PARDIWALA, J)

(NIRAL R. MEHTA,J) A. B. VAGHELA