HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
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.)
—-Appellant
Versus
Smt Santosh Devi w/o Mohan Lal, d/o Nanu Khatik, r/o
Govindpura (Asind) Tehsil Asind, Bhilwara (Raj.)
—-Respondent
For Appellant(s) : Mr. Ankit Prakash Singh for
Mr. S.S. Sisodia
HON’BLE MR. JUSTICE P.K. LOHRA
Order
05/07/2019
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.
(P.K. LOHRA),J
22-Bharti/-
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