High CourtsSingle Bench(2010) 09 UK CK 0077

Smt. Kamaljeet Kaur vs State of Uttarakhand and Another

Uttarakhand High Court · Decided on 24 September 2010

HON’BLE JUDGES
Brahma Singh Verma, J
RESULT
Allowed
CASE NUMBER
C. 24 Petition No. 04 of 2010

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Judgment

5 paragraphs · 170 words

B.S. Verma, J.—Heard learned Counsel for the parties and perused the record.

2.

A perusal of the averment made in the counter affidavit filed on behalf of the respondent No. 2, it appears that the Judge, Family Court, Udham Singh Nagar, has proceeded ex parte against the applicant Smt. Kamaljeet Kaur vide order dated 1-2-2010 fixing 17-2-2010 for ex parte hearing and evidence.

3.

Learned Counsel for the applicant has contended that since the proceedings of the Civil Suit No. 222 of 2008 has been stayed by this Court by order dated 6-4-2010, therefore, the applicant could not file recall application to recall the ex parte order, passed in the suit.

4.

In the above facts and circumstances, if the applicant-defendant files a recall application, the same shall be decided by the Judge, Family Court expeditiously, within a period of two weeks from the date of filing recall application and the delay in filing the recall application be condoned.

5.

The interim order dated 6-4-2010 is modified to this extent.