High Court of Punjab and Haryana, Chandigarh
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Jai Narain v. Vedo Devi & Ors - FAO-5056-2004  RD-P&H 1621 (10 March 2006)
F.A.O. NO. 5056 of 2004 (O&M)
DATE OF DECISION: March 10, 2006.
Vedo Devi and others
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
PRESENT: Mr. Sanjay Verma, Adv., for Mr. Ajay Ghangas, Advocate, for the appellant.
CM No. 21466-C II of 2004
This application has been filed under Section 151 CPC for condonation of delay in refiling the appeal. Application is accompanied by an affidavit. In view of reasoning given in the application, it is allowed and delay in refiling the appeal is condoned.
FAO No. 5056 of 2004
Appellant, who is uncle of Savita, a minor, filed an application for her custody. At present, child is residing with her mother.
It has come on record that the appellant fraudulently got transferred share of the minor in his favour by way of civil Court decree, which is under challenge. It has also come on record that despite order passed by the Court, appellant has failed to deposit amount towards mesne profit for the property, which actually belongs to the minor and her mother.
Regarding education of the child, he has failed to bring on record any evidence to show that he had ever spent any amount. In view of findings given by the Court below in paras No. 19 to 24 of its judgment, no case is made out for interference. Dismissed.
March 10, 2006. ( Jasbir Singh)
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