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Bombay High CourtIA/19864/2022disposed off

Trupti Shashank Erandole Alias Trupti Ramesh Borade v. Shashank Rajiv Erandole

2023-12-08Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

2 ia 19864-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 19864 OF 2022 IN FAMILY COURT APPEAL NO. 45 OF 2020 LAXMI SUBHASH SONTAKKE Trupti Shashank Erandole Alias Trupti Ramesh Borade .. Applicant LAXMI SUBHASH SONTAKKE Date: 2023.12.08 15:06:28 +0530

Versus

Shashank Rajiv Erandole .. Respondent Mr. Tejas Kapre for the Applicant.

Mr. Nikhil G. Hire i/b. Prashant Hagare for the Respondent.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : DECEMBER 08, 2023 P. C.

1.

The above Interim Application is filed seeking to set aside the order dated 15th September, 2020 under which it was directed that the Appellant-wife shall file the private paper book within one year, failing which, the Family Court Appeal shall stand dismissed without further reference to the Court. Since the private paper book was not filed within the stipulated period, the same stood dismissed.

DECEMBER 08 2023 Laxmi

2 ia 19864-22.doc 2.

Having heard the learned Advocate appearing for the Appellantwife as well as the learned Advocate appearing for the Respondent, we are satisfied and for the reasons stated in the above Interim Application, the same deserves to be allowed. In these circumstances, the Interim Application is allowed in terms of prayer clauses (a) and (b) which read thus: "a. The Appeal be restored back to files by setting aside the auto-operative order clause b in the order dtd. 15.09.2020 and may be condoned the delay of 1 yrs 259 days in filing present Interim Application.

b. Applicant be allowed to file a paper book on record." 3.

The private paper book shall be filed by the Appellant-wife in the Registry within a period of one week from today. 4.

The above Interim Application is accordingly disposed of. No order as to costs.

5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.] DECEMBER 08 2023 Laxmi