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Bombay High CourtIA/2960/2019allowed

Mr. Rajesh Jeetlal Pushpjivee v. Mrs. Sonali Rajesh Pushpjivee

2024-03-15Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

6 ia 2960-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2960 OF 2019 LAXMI SUBHASH SONTAKKE IN FAMILY COURT APEPAL NO. 219 OF 2018 LAXMI SUBHASH SONTAKKE Date: 2024.03.15 15:48:17 +0530 Rajesh Jeetlal Pushpjivee .. Applicant/Appellant

Versus

Sonali Rajesh Pushpjivee .. Respondent Adv. Sandeep Mishra for the Applicant/Appellant.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE:

MARCH 15, 2024 P. C.

1.

The above Interim Application is filed seeking a condonation of delay of 99 days and an order to restore the above Family Court Appeal which was dismissed for non removal of office objections pursuant to the order dated 6th August, 2019 passed by the Registrar (Judicial-II).

2.

The papers and proceedings in above Interim Application as well as the Family Court Appeal have been duly served on the MARCH 15, 2024 Laxmi

6 ia 2960-19.doc Respondent as evidenced not only by the noting on the board but also by the affidavit of service filed by the Appellant/Applicant. Despite this, none had appeared on behalf of the Respondent. 3.

Considering the averments made in the Interim Application and which are not controverted, we condone the delay and set aside the order dated 6th August, 2019 and restore the above Family Court Appeal on file.

4.

We direct that the papers and proceedings in the above Family Court Appeal shall be served on the Respondent once again along with a copy of this order.

5.

The above Interim Application is disposed of in the aforesaid terms. No order as to costs.

6.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.] MARCH 15, 2024 Laxmi