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Gujarat High Court

Joselyn Andrew Edwards vs Carolina Asha Edwards on 3 October, 2002


      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


      FIRST APPEAL No 1741 of 2002


      --------------------------------------------------------------
      JOSELYN ANDREW EDWARDS
 Versus
      CAROLINA ASHA EDWARDS
      --------------------------------------------------------------
      Appearance:
      1. First Appeal No. 1741 of 2002
           MR JB PARDIWALA for Petitioner No. 1
           NOTICE NOT RECD BACK for Respondent No. 1

      --------------------------------------------------------------

               CORAM : MR.JUSTICE K.M.MEHTA

               Date of Order: 03/10/2002

 ORAL ORDER

Joselyn Andrew Edwards - appellant original applicant has filed this appeal u/s 47 of the Guardianship and Wards Act challenging the judgment and decree dated 13-5-2002 passed by the learned Extra Assistant Judge, Valsad at Navsari in Application No. 42 of 2000. The learned trial Judge by the impugned judgment and decree has dismissed the application for guardianship filed by the applicant father of the child.

The aforesaid matter was listed for hearing before this Court 6-9-2002 and on 6-9-2002 this Court issued the notice directing the respondent to remain personally present with minor child "Reuben" on 19-9-2002. The applicant was allowed to serve the notice by Regd. Post A.D. Mr. Pardiwala learned advocate for the appellant stated that notice issued by this Court has already been served by Regd. Post. A.D. to the respondent. However, the matter was placed on Board for hearing on 19-9-2002 for service of the notice to the respondent. Therefore, the matter was adjourned to 3-10-2002 and accordingly the matter has been listed today for hearing. Mr. Pardiwala, learned advocate for the appellant has drawn my attention to the telegram which is received from the respondent.

The registry of this Court is directed to issue fresh notice to the respondent by telegram returnable on 17-10-2002 at the cost of the appellant. Mr. Pardiwala, leaned advocate for the appellant shall bear the expenses for issuing the fresh notice by telegram.

(K.M. Mehta, J.) /JVSatwara/