Himachal Pradesh High Court
Krishan Chand & Ors vs . Anju on 13 September, 2023
Author: Virender Singh
Bench: Virender Singh
Krishan Chand & ors Vs. Anju Cr.MP(M) No. 1050 of 2023 .
13.9.2023 Present: Mr. Vaibhav Tanwar, Advocate, for the petitioners/applicants.
Ms. Suchitra Sen, Legal Aid Counsel, for the respondent/non-applicant.
The petitioners have assailed the order dated 31.8.2022, passed by the Court of learned Additional of Principal Judge, (Family Court), Sarkaghat (hereinafter referred to as 'the First Appellate Court). Vide judgment rt dated 31.8.2022, the appeal filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005, preferred by the petitioners, has been ordered to be dismissed.
Since the revision petition has been filed after the prescribed period of limitation, as such, the present application bearing Cr. MP(M) No. 1050 of 2023 has been moved for condonation of delay of 146 days.
In view of no objection made by learned counsel for the non-applicant, delay in filing the revision petition is ordered to be condoned. The application is, thus, disposed of.
Cr. Revision No.____________ Vide order of even date, passed in Cr. MP(M) No. 1050 of 2023, delay in filing the present revision petition has been ordered to be condoned.
::: Downloaded on - 13/09/2023 20:41:29 :::CIS Cr. M.P. No. 3261 of 2023At this stage, it has been pointed out by .
learned counsel for the petitioners that the present application has been moved for converting the present revision petition into the Civil Miscellaneous Petition (Main) under Article 227 of the Constitution of India, as revision against the order, passed by the learned First Appellate of Court, under the provisions of Protection of Women from Domestic Violence Act, is not maintainable.
rt The prayer, so made in the application, has not been opposed by learned counsel for the respondent/non-applicant.
Consequently, the present application is allowed and the present revision petition is ordered to be converted into Civil Miscellaneous Petition (Main), under Article 227 of the Constitution of India. The application is thus disposed of.
CMPMO No. _______ Be registered.
Before proceeding further, let record of learned trial Court, as well as, learned First Appellate Court, be requisitioned, for the next date of hearing.
List on 7.10.2023.
(Virender Singh) Judge September 13, 2023 (kalpana) ::: Downloaded on - 13/09/2023 20:41:29 :::CIS