Lagishetti Swapna vs Lagishetti Swaroop Kumar
2025 Latest Caselaw 3133 Tel

Telangana High Court

Lagishetti Swapna vs Lagishetti Swaroop Kumar on 17 March, 2025

     THE HON'BLE JUSTICE MOUSHUMI BHATTACHARYA
                         AND
      THE HON'BLE JUSTICE B.R.MADHUSUDHAN RAO

                             I.A.NO.3 OF 2024
                                    IN/AND
            FAMILY COURT APPEAL NO.257 OF 2024

Mr. Kondadi Ajay Kumar, learned counsel appearing for the appellant.

Mr. S Srinivasan Rajan, learned counsel appearing for the respondent (Online).


JUDGMENT:

(Per Hon'ble Justice Moushumi Bhattacharya)

I.A.No.3 of 2024 filed by the appellant for condonation

of 1111 days delay in filing of the Appeal is before us for

consideration.

2. The present Appeal has been filed for setting aside a

decree dated 13.03.2021 in an F.C.O.P. filed by the

respondent under section 13(1)(ia) & (ib) of The Hindu

Marriage Act, 1955 for dissolution of marriage on the grounds

of cruelty and desertion.

3. The appellant before us was the respondent in the

F.C.O.P.

4. Although learned counsel appearing for the appellant

sought to make submissions on the condonation of delay in

filing the Appeal from the impugned order dated 13.03.2021,

the documents enclosed in the Appeal show a different cause

of action.

5. The impugned decree dated 13.03.2021 in the

respondent's F.C.O.P. for dissolution of marriage was passed

ex parte. The impugned decree records in paragraph 3 that

the appellant (the respondent before the Trial Court) received

notice of the F.C.O.P. but remained unrepresented.

6. The appellant filed a petition under Order IX Rule 13 of

The Code of Civil Procedure, 1908 for setting aside the ex

parte decree but remained absent on the relevant date.

7. The Trial Court accordingly dismissed the appellant's

petition (I.A.No.398 of 2021) for non-prosecution.

8. The appellant filed another application for setting aside

the order dated 31.01.2023 (I.A.No.663 of 2024) which was

again dismissed by the Trial Court on 20.01.2025.

9. Without going into the rival contentions of the parties,

it is clear that the present Appeal is not maintainable since

the ex parte decree dated 13.03.2021 cannot be the subject

matter of challenge in view of the two subsequent orders

passed by the Trial court on 31.01.2023 and 20.01.2025.

10. Counsel for the appellant in fact did not disclose any of

these orders and it was left to the Court to decipher the

relevant subsequent facts.

11. The Memo filed by the respondent in the Appeal

contains the order dated 20.01.2025.

12. Considering the above facts, we hold that the Appeal is

not maintainable.

13. I.A.No.3 of 2024 and F.C.A.No.257 of 2024 are

accordingly dismissed.

All connected applications are dismissed. Interim

orders, if any, shall stand vacated. There shall be no order as

to costs.

__________________________________ MOUSHUMI BHATTACHARYA, J

_____________________________ B.R.MADHUSUDHAN RAO, J

Date: 17.03.2025 NDS