← Library
Bombay High CourtIA/14359/2023disposed off

Mr. Jayesh Anil Kharat v. Mrs. Chaitali Jayesh Kharat

2023-10-13Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice M. M. Sathaye3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

UTKARSH KAKASAHEB BHALERAO CIVIL APPELLATE JURISDICTION UTKARSH KAKASAHEB BHALERAO Date: 2023.10.16 14:53:28 +0530 INTERIM APPLICATION NO.14359 OF 2023 IN FAMILY COURT APPEAL (L) NO.14598 OF 2023 Jayesh Anil Kharat .. Applicant (Org.Respondent)

Versus

Chaitali Jayesh Kharat .. Respondent (Org.Petitioner) WITH INTERIM APPLICATION NO.14360 OF 2023 IN FAMILY COURT APPEAL (L) NO.14598 OF 2023 Jayesh Anil Kharat .. Applicant (Org.Respondent)

Versus

Chaitali Jayesh Kharat .. Respondent (Org.Petitioner) None for Applicant.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : OCTOBER 13, 2023

P. C.

1.

Interim Application No.14359 of 2023 is filed seeking a condonation of delay of 333 days in filing the above Family Court Appeal. Interim Application No.14360 of 2023 is filed seeking to quash and set aside the impugned judgment and order dated 9th March, 2022 and the decree passed thereunder on 2nd September, 2022 by the learned 6th Family Court, Bandra Mumbai as well as for stay of the execution of the impugned judgment and order. 2.

When this matter had come up on 6th October, 2023 none had appeared on behalf of the Applicant. In these circumstances, we placed the above Interim Applications on board for dismissal today. 3.

Today when the above matter is called out, once again none appears on behalf of the Applicant. It appears that the Applicant is not interested in prosecuting the above Interim Applications. 4.

In these circumstances, Interim Application No.14359 of 2023 (seeking condonation of delay) is dismissed for want of

prosecution. In light of the fact that the Application for condonation of delay is itself dismissed, the above Family Court Appeal is also dismissed.

5.

In view of the dismissal of the Family Court Appeal, nothing survives in the Interim Application No.14360 of 2023 and the same is disposed of accordingly. However, there shall be no order as to costs.

6.

Personal Assistant of this Court. All concerned will act on production by [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]