FA/77/2026 of DR PRASOON KUMAR Vs CHETNA KUMAR on 16 June 2026

1. Both the appeals have been directed to be listed together, as would be evident from order dated 8th June, 2026. I.A. No.12934 of 2025 in F.A. No.77 of 2026

2. Heard learned counsel for the parties on the issue of limitation.

3. The present Interlocutory Application has been filed for condonation of delay of 54 days in filing the instant appeal.

4. Having regard to the averments made in this application, we are of the view that the appellant was prevented by sufficient cause from preferring the appeal within the period of limitation.

5. Accordingly, I.A. No.12934 of 2025 is allowed and the 54 days’ delay in preferring the appeal is condoned. F.A. No.77 of 2026

6. Mrs. Vani Kumari, learned counsel appearing for the appellant in F.A. No.77 of 2026 has submitted that the quantum of alimony has been challenged in the instant appeal but the entire amount of alimony has already been deposited before the learned trial court, therefore, she is not pressing the instant appeal.

7. She has further submitted that she may be given right to contest the appeal preferred by the respondent of the present appeal, namely, Chetna Kumar, being F.A. No.135 of 2025.

8. Considering the submission made on behalf of the appellant in F.A. No.77 of 2026, being represented by Mrs. Vani Kumari, learned counsel, the instant appeal [F.A. No.77 of 2026] is dismissed as not pressed.

9. So far as the submission made by Mrs. Vani Kumari that she may be given right to contest the appeal being F.A. No.135 of 2025 in which she has appeared to represent the respondent is concerned, she has every right to contest the

aforesaid appeal, i.e., F.A. No.135 of 2025, since she is representing the respondent on the strength of Vakalatnama. F.A. No.135 of 2025

10. The present appeal has already been admitted for hearing.

11. Let this matter be listed under the appropriate heading.

(Sujit Narayan Prasad, J.)

(Sanjay Prasad, J.) Date : 16th June, 2026 Birendra/