Anuj Balkrishan Agarwal vs State Of Gujarat
2022 Latest Caselaw 6260 Guj

    C/SCA/7359/2022                            ORDER DATED: 13/07/2022




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 7359 of 2022

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                      ANUJ BALKRISHAN AGARWAL
                               Versus
                         STATE OF GUJARAT
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Appearance:
JUCKY LUCKY CHAN(8033) for the Petitioner(s) No. 1
 for the Respondent(s) No. 2
MR AKASH K. CHHAYA, AGP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                           Date : 13/07/2022

                            ORAL ORDER

This petition under Article 227 of the Constitution of India is filed by the petitioner-husband challenging the order passed by learned Judge, Family Court No.4, Ahmedabad dated 6.12.2021 rendered in Civil Misc. Application No.174 of 2019 whereby, petitioner prayed for restoration of his original proceedings being Civil Misc. Application No.104 of 2017 filed seeking custody of child, which came to be dismissed by the impugned order.

The impugned order passed below application praying for restoration under Rule 13 of Order IX of Code of Civil Procedure, 1908 (for short, the Code'), there is a provision for preferring appeal under 'the Code' as also Family Courts Act also provides for an appeal against any judgment or order.

Since there is a statutory appeal provided for the jurisdiction under Article 227 of the Constitution of India cannot

C/SCA/7359/2022 ORDER DATED: 13/07/2022

be exercised and therefore, this petition is misconceived and it is hereby rejected.

(UMESH A. TRIVEDI, J) ASHISH M. GADHIYA