Maya Prakash Sawant v. Prakash Sadashiv Sawant

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13668 OF 2023 IN FAMILY COURT APPEAL (LODGING) NO. 20016 OF 2021 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2024.01.19 18:39:39 +0530 SHRADDHA KAMLESH TALEKAR Maya Prakash Sawant ..Applicant In the matter between :

Maya Prakash Sawant ..Appellant

Versus

Prakash Sadashiv Sawant

...Respondent

Mr.Makrand Kale, Advocate for Applicant/Appellant. Mr.Prashant Kulkarni, Advocate for Respondent. CORAM : B.P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE :

JANUARY 18, 2024.

P C :

1.

The above Interim Application is filed seeking a condonation of delay of 2 years and 63 days in filing the above Family Court Appeal.

2.

According to the learned counsel appearing on behalf of the Respondent, the Interim Application does not make out any case whatsoever for condoning the delay, and hence, the above Interim Application ought to be dismissed.

3.

We have heard the learned counsel appearing on behalf of the Applicant/Appellant as well as the Respondent. We have also perused the papers and proceedings in the above Interim Application. After carefully going through the same, we find that the explanation for the delay given by the Applicant from paragraph Nos.8 to 15 is satisfactory to condone the delay. In these circumstances, the delay is condoned and the Registry is directed to number the above Family Court Appeal subject to the Applicant/Appellant removing all other office objections, within a period of four weeks from today, failing which the above Family Court Appeal shall stand dismissed without further reference to the Court. 4.

The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs.

5.

Assistant of this Court. All concerned will act on production by fax or [ SOMASEKHAR SUNDARESAN, J. ] [ B.P. COLABAWALLA, J. ]