Court No. - 74
Case :- APPLICATION U/S 482 No. - 9874 of 2020 Applicant :- Dharmendra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradip Narain Singh Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
The orders dated 29.01.2020 and 12.02.2020 that have been challenged are orders of no moment. These can hardly be impugned. The grievance of the applicant appears to be that the ex parte order of maintenance dated 31.03.2017 passed in Case No. 116 of 2015 is operating against him, whereas his restoration application seeking to set aside that order is pending since 28.08.2018. The said restoration application is not being disposed of.
Looking to the nature of the order that this court proposes to pass, no notice is being issued to opposite party no. 2. However, in case the said opposite party feels aggrieved by this order, it will be open to her to make an application in this decided application.
In the circumstances, it is ordered that the Principal Judge, Family Court, Ghaziabad, where the applicant's application dated 28.08.2018 seeking to set aside the ex parte judgment and order dated 31.03.2017 passed in Maintenance Case No. 116 of 2015 is pending, shall proceed to decide the same within one month from the date of receipt of a copy of this order in accordance with law after hearing all parties concerned.
This application is, accordingly, disposed of.
Order Date :- 6.1.2021 BKM/-