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Mohan Lal vs Smt,Santosh Devi on 5 July, 2019

S.B. Civil Misc. Appeal No. 2042/2012

Mohan Lal s/o Bansi Lal Ji Khatik, Age 26 years, r/o Antali, Tehsil
Asind, District Bhilwara (Raj.)

Smt Santosh Devi w/o Mohan Lal, d/o Nanu Khatik, r/o
Govindpura (Asind) Tehsil Asind, Bhilwara (Raj.)


For Appellant(s) : Mr. Ankit Prakash Singh for
Mr. S.S. Sisodia




Appellant has preferred this appeal under Section 47 of the

Guardians and SectionWards Act, 1890 (for short, ‘Act’) to challenge

judgment dated 25.04.2012 passed by District Judge, Bhilwara

(for short, ‘learned trial Court’). Learned trial Court, by the order

impugned, rejected petition of the appellant under Section 25 of

the Act for custody of his minor son.

The instant appeal was laid before this Court in the year

2012, i.e., after expiry of limitation.

At the threshold, Court after service of notice to respondent

condoned the delay. Later on, notices were issued to respondent

of the appeal as well as of stay petition on 25.03.2014 and same

were ordered to be given ‘dasti’. However, no endeavour was

made by the appellant to file PF and notices.

It is really quite perplexing that being father of a minor child,

appellant has craved for his custody but has shown total indolence

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in pursuing this appeal. For last more than five years, he has not

even filed required notices despite direction of the Court.

In this view of the matter, the instant appeal is dismissed for

non-compliance of order dated 25.03.2014 and non-prosecution.

The stay petition is also rejected.


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