Mr. Bharat Ashok Pawar v. Mrs. Shravani Bharat Pawar

CAM. 151-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 151 OF 2015 IN FAMILY COURT APPEAL (St.) No. 10124 OF 2015 Mr. Bharat Ashok Pawar ...

Applicant Vs.

Mrs. Shravani Bharat Pawar ...

Respondent *** Mrs. Neeta Karnik, for the Applicant.

Mr. Shahaji Tanaji Waghmode, for Respondent.

*** CORAM : V. M. KANADE, & C. V. BHADANG, JJ.

DATE : MAY 2, 2017 PC.

1.

Heard the learned counsel appearing on behalf of the Applicant. This civil application is filed by the Applicant for condonation of delay caused in filing the appeal. In the application it is stated that the Applicant was not aware of the order passed by the Family Court since his advocate did not inform him about disposal of the petition in the family court. On the other hand, the learned counsel 1 / 2

CAM. 151-15 appearing on behalf of the Respondent wife submitted that after more than one year this application has been filed for condonation of delay and the ground which was given for condonation of delay is not bona fide and proper. She therefore, submitted that costs may be imposed and delay may not be condoned.

2.

In our view, taking into consideration the peculiar facts and circumstances of the case and more particularly the explanation given in para 3, 4 and 5 of the application, the delay of 1 year 53 days caused in filing the appeal is condoned subject to the Applicant depositing costs of Rs. 10,000/- in this Court within a period of 4 weeks. After the said costs are deposited, the delay will stand condoned, and the Respondent wife is permitted to withdraw the said amount without security. Civil application is accordingly disposed of in the aforesaid terms.

3.

Place the family court appeal on the admission board on 12th June, 2017.

Sd/- Sd/- [C. V. BHADANG, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2