THE HON’BLE SRI JUSTICE V. ESWARAIAH AND THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR F.C.A.No.162 of 2011 JUDGMENT: (per the Hon’ble Sri Justice V. Eswaraiah) The appellant is the wife of the respondent herein. The husband- respondent herein filed O.P.No.1189 of 2008 on the file of the Family Court, Hyderabad, seeking custody of minor children, who are in the custody of the appellant. The said O.P. was decreed ex-parte. To set aside the ex-parte decree, the appellant filed I.A.No.1112 of 2010 along with an application in I.A.No.834 of 2010 to condone the delay of 238 days in filing the petition to set aside the ex-parte decree. I.A.No.834 of 2010, which was filed for condonation of delay, was dismissed. As the said I.A. was dismissed, the court below vide its order, dated 28-04-2011, dismissed I.A.No.1112 of 2010. Aggrieved thereby, the present appeal is filed. As the condone delay application in I.A.No.834 of 2010 was dismissed, we are of the opinion that the court below rightly dismissed I.A.No.1112 of 2010, which was filed to set aside the ex-parte decree. Learned counsel appearing for the appellant submits that the appellant has not questioned the order made in I.A.No.834 of 2010, dated 02-02-2011. In the above facts and circumstance of the case, we are of the opinion that the appeal is not maintainable and the same is liable to be dismissed. Accordingly, the appeal is dismissed. However, this order would not preclude the appellant to question the order passed in I.A.No.843 of 2010, dated 02-02-2011.There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ B.CHANDRA KUMAR, J Date: 25-07-2011 Prv