Raj Kapoor vs Sarika Tandon
2024 Latest Caselaw 187 UK

Uttarakhand High Court

Raj Kapoor vs Sarika Tandon on 28 February, 2024

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
      THE HON'BLE CHIEF JUSTICE MS. RITU BAHRI
                        AND
      THE HON'BLE JUSTICE SRI RAKESH THAPLIYAL

                     28th February, 2024

             First Appeal No. 162 of 2022

Raj Kapoor                                    ........Appellant

                              Versus

Sarika Tandon                              ........Respondent



Counsel for the appellant     : Mr. B.D. Kandpal, learned counsel
Counsel for the respondent    : Mr. Udyog Shukla, learned counsel




Judgment: (per Ms. Ritu Bahri, C.J.)

      The     applicant      has   moved      this    Application
(MCC/1/2023) for recalling the order dated 28.06.2023,
whereby the Appeal filed by the appellant-husband has
been allowed.


2.    Perusal of judgment dated 28.06.2023, passed by
this Court shows that when this Appeal was allowed,
none had appeared for the respondent. As per the report
of the Registry dated 21.10.2022, the respondent had
been personally served. Even before the Family Court,
as per the judgment of the Family Court in para 3, it has
been observed that the notice was issued to the
applicant Smt. Sarika Tandon and she was served and
after service, she did not put in appearance.
                             2




3.    Since the applicant did not chose to appear in both
the proceedings, no ground is made out to recall the
order dated 28.06.2023, the Recall Application is being
dismissed.


                                ___________________________
                                           Ritu Bahri, C.J.

___________________________ Rakesh Thapliyal, J.

Dt: 28th February, 2024 M/K