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Bombay High CourtIA/670/2023disposed off

Ashwini Sameer Mhatre Alias Ashwani Kisan Mokal v. Sameer Manohar Mhatre

2023-12-21Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan3 pages

by AARTI GAJANAN PALKAR Date:

2023.12.29 10:16:50 +0530 AARTI GAJANAN PALKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.670 OF 2023 IN FAMILY COURT APPEAL (L) NO.31120 OF 2022 Ashwini Sameer Mhatre alias Ashwini Kisan Mokal ....Applicant

IN THE MATTER BETWEEN

Ashwini Sameer Mhatre alias Ashwini Kisan Mokal ....Appellant

Versus

Sameer Manohar Mhatre

...Respondent

Mr. Pramod N. Tambe, Advocate for Applicant/Appellant. Mr. P.G. Hartalkar i/b. Mr. Tejas P. Hartalkar, Advocates for Respondent.

CORAM

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

DATE : DECEMBER 21, 2023 P. C.

1.

The above Interim Application is filed seeking a condonation of delay of 53 days in filing the above Family Court Appeal. 2.

The learned counsel appearing on behalf of the

Applicant/Appellant submitted that according to the office noting the delay is 173 days.

3.

The learned Advocate appearing on behalf of the Respondent-Husband fairly submitted that the RespondentHusband has no objection if the delay is condoned. In these circumstances, the delay in filing the above Family Court Appeal is condoned.

4.

Now that the delay is condoned, the Registry shall proceed to number the above Appeal subject to the Appellant removing all other office objections within a period of four weeks from today, failing which the above Appeal shall stand dismissed without further reference to the Court.

5.

Both parties before us have stated that they would like to explore the possibility of settling their disputes in mediation. We are, therefore, requested that the matter be referred to the Thane District Legal Services Authority, who would then appoint a mediator.

6.

Considering the consensus between the parties, the parties

are referred to the Thane District Legal Services Authority, who is then requested to appoint a Mediator to try and see that the dispute between the appellant and the respondent can be resolved. 7.

The parties shall first appear before the said authority on 12th January, 2024 at 11.00 a.m. All further directions with reference to appointment of the Mediator shall be given by the said authority. 8.

Place the above matter on Board for directions on 9th February, 2024 subject to the office objections be removed as directed earlier.

9.

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