FA/172/2022
2022 Latest Caselaw 3366 UK

     IN THE HIGH COURT OF UTTARAKHAND
                AT NAINITAL
          HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                             AND
                HON'BLE SRI JUSTICE R.C. KHULBE

                        17TH OCTOBER, 2022

               FIRST APPEAL No. 172 OF 2022

Between:
Smt. Anjali                                           ...........Appellant
and
Monu Kumar                                            ......Respondent

Counsel for the appellant          :   Mr. Deepak Sharma.

Counsel for the respondent         :   Mr. Nagesh Aggarwal, learned counsel
                                       for the respondent / caveator.

Upon hearing the learned Counsel, the Court made
the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

              The present Appeal is barred by limitation by

90 days.

2.            The     appellant    has     preferred        the   present

Appeal      to    assail     the   ex     parte     judgment       dated

09.05.2022 rendered by the Family Court in Original Suit

No. 21 of 2020 filed by the respondent to seek the

guardianship of the minor child under Section 25 of the

Guardians and Wards Act.


3.            The case of the appellant is that she was not

served in the said proceedings. The impugned judgment

records otherwise.
 4.         The appellant has a remedy to seek setting

aside of the ex parte judgment by disclosing sufficient

cause before the same Court.


5.         Mr. Nagesh Aggarwal, learned counsel for the

respondent / caveator, points out that the impugned

judgment has also been executed, and this fact has not

been disclosed in the present Appeal.


6.         In the aforesaid circumstances, we are not

inclined to entertain the present Appeal.   The same is,

accordingly, dismissed.


7.         In sequel thereto, pending application, if any,

also stands dismissed.


                                   ________________
                                    VIPIN SANGHI, C.J.


                                        _____________
                                         R.C. KHULBE, J.

Dt: 17th October, 2022 Rathour