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Bombay High CourtCAM/281/2018disposed off

Mr. Girishchandra V. Chapade v. Mrs. Varsha Girishchadra Chapade

2019-03-13Hon'Ble Shri Justice Sarang Vijaykumar Kotwal,Hon'Ble Shri Justice Akil Kureshi3 pages

R.M. AMBERKAR (Private Secretary)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 280 OF 2018 IN FAMILY COURT APPEAL NO. 94 OF 2014 WITH CIVIL APPLICATION NO. 281 OF 2018 IN FAMILY COURT APPEAL NO. 95 OF 2014 WITH CIVIL APPLICATION NO. 282 OF 2018 IN FAMILY COURT APPEAL NO. 96 OF 2014 Girishchandra V. Chapade .. Applicant Vs Varsha Girishchandra Chapade .. Respondent ...................

• Ms. Kalyani Wagle i/by Sapana Rachure for the Applicant • Ms. Rupali Naik for the Respondent ...................

CORAM : AKIL KURESHI & SARANG V. KOTWAL, JJ.

DATE : MARCH 13, 2019.

P.C.:

1.

These applications are filed by the original appellant for restoration of Family Court Appeal Nos. 94 of 2014, 95 of 2014 and 96 of 2014 which were dismissed for non payment of paper book charges. As there is delay in preferring these applications, the applicant has also prayed for condonation of delay.

2.

We have heard the learned counsel for the parties. Learned counsel for the respondent has pointed out that after admission of the appeal, the appellant - husband has not paid maintenance amount as directed by this Court. Learned counsel for the appellant submitted that the appellant shall file schedule of payment to clear the arrears as well as his undertaking that he shall continue to pay the maintenance till disposal of the present appeals. In this view of the matter, time of two weeks is granted to the appellant to file the schedule and his undertaking as mentioned above. On this submission of the learned counsel for the appellant, the delay in filing the Civil Applications is condoned. Order dated 21.2.2018 dismissing the Family Curt Appeal Nos. 94 of 2014, 95 of 2015 and 96 of 2014 is recalled and the Appeals are restored to file. It is made clear that the appellant shall make the payment towards charges for preparing paper book within a period of two weeks from today.

3.

The appeals be listed on 3rd April, 2019 to show compliance of this order.

4.

Civil Applications are disposed of in the above terms. [ SARANG V. KOTWAL, J. ] [ AKIL KURESHI, J ]