Smt. Meenakshi Prashant Kshirsagar v. Shri. Prashant Tukaram Kshirsagar

16. cam 270-18.doc R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 270 OF 2018 IN FAMILY COURT APPEAL (ST) NO. 12051 OF 2018 Meenakshi Prashant Kshirsagar ..

Applicant

Versus

Prashant Tukaram Kshirsagar ..

Respondent ...................

 Ms. Trupti Khadse i/by Jayakar & Partners for the Applicant  Respondent-in-Person present.

...................

CORAM : AKIL KURESHI & S.J. KATHAWALLA, JJ.

DATE : JULY 19, 2019.

P.C.:

1.

This Civil Application is filed by the applicant-wife seeking condonation of delay of 495 days caused in filing the Family Court Appeal. The delay may seem on the face of it long, however, the same is technical in nature. The applicant has pointed out that the Family Court had disposed of two proceedings by common judgment. The wife was aggrieved by both the disposals. She had thereafter filed Family Court Appeal No. 9 of 2017 which was within time. However, since one appeal would not be competent to

16. cam 270-18.doc challenge the judgment disposing of two separate proceedings, the wife had to maintain the said appeal qua one of the proceedings and filed separate appeal which she did by filing the present one. This is the reason why the delay has occurred.

2.

The respondent appeared in person and filed his detail reply with voluminous documents. He has opposed this application contending that the delay is not properly explained.

3.

However, from the record, it clearly emerges that the delay has been properly explained and hence, condoned. Civil Application is disposed of.

[ S.J. KATHAWALLA, J. ] [ AKIL KURESHI, J ]