Daggubati Ramesh , Rampaul, v. Daggubati Sirisha , Kolla Sirisha,

HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY AND HON'BLE SRI JUSTICE M.S.K.JAISWAL C.M.A.No.639 of 2017 Date:13.7.2017 Between:

Daggubati Ramesh @ Rampaul, S/o Rathaiah ..... Appellant And:

Daggubati Sirisha @ Kolla Sirisha .....Respondent Counsel for the appellant: Mr. V.S.K.Rama Rao The Court made the following:

CVNR, J & MSKJ, J CMA.No.639 of 2017 Dt:13.7.2017 JUDGMENT: (per Hon'ble Sri Justice C.V.Nagarjuna Reddy) This Civil Miscellaneous Appeal is filed, with a delay of 19 days, against order, dated 28.02.2017, in HMOP.No.791 of 2016 on the file of the learned XIV Additional District Judgecum-Additional Family Judge, Vijayawada. However, since the appeal is numbered, we are inclined to dispose of the same at the admission stage.

A perusal of the order under appeal shows that the Family Court has decreed the afore-motioned HMOP filed by the respondent for restitution of conjugal rights after setting the appellant ex parte. Though technically, the appellant may be entitled to file an appeal against the ex parte decree, we do not find any reason for him to have straightaway filed this appeal instead of filing an application before the Family Court for setting aside the ex pate decree.

In this view of the matter, while declining to entertain this appeal, liberty is given to the appellant to move the Family Court for setting aside the ex parte decree and contest the aforementioned HMOP on merits. Subject to the liberty given to the appellant as above, the Civil Miscellaneous Appeal is dismissed.

CVNR, J & MSKJ, J CMA.No.639 of 2017 Dt:13.7.2017 As a sequel to dismissal of the appeal, CMAMP.No.1052 of 2017 is dismissed as infructuous.

____________________________________________ JUSTICE C.V.NAGARJUNA REDDY ___________________ JUSTICE M.S.K.JAISWAL 05th July 2017 DR