Arvind Dinkar Bhat v. Sou.Sunita Arvind Bhat

5-cas-1125-2018.odt Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO.1125 OF 2018 IN SECOND APPEAL [STAMP] NO.27144 OF 2017 Arvind Dinkar Bhat ] Applicant Vs.

Sunita Arvint Bhat ] Respondent .....

None for the Applicant.

Mr. P. Balan i/b Nitin Gangal, Advocate for the Respondent. .....

CORAM : R.G. KETKAR, J.

DATE : 14th AUGUST, 2019.

P.C.

None appears for the applicant. Heard Mr. Balan, learned Counsel for the respondent.

2.

This is an application for condoning delay of 89 days in filing the second appeal.

3.

The applicant had instituted Petition No.304 of 2005 before the Civil Judge, Senior Division, Kolhapur seeking divorce under the provisions of section 13 (1) (i-a) and 13 (1) (i-b) of the Hindu Marriage Act, 1955.

5-cas-1125-2018.odt 4.

By order dated 20th November, 2010, the learned trial Judge dismissed the Petition. Aggrieved by that decision, the applicant preferred appeal which was dismissed on 4th March, 2017. It is against these orders, the applicant has instituted second appeal.

5.

For the reasons stated in the application which are not controverted by filing reply, I am satisfied that the applicant has made out a sufficient cause for condoning delay of 89 days in filing the second appeal. Hence, C.A. is allowed in terms of prayer clauses (a) and (b) with no order as to costs. [R.G. KETKAR, J.]