Ganesh S/O. Narayan Jadhav v. Sneha W/O. Ganesh Jadhav

Cri. Appln. No.874/2020 :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.874 OF 2020 IN CRIMINAL REVISION APPLICATION ST. NO.72 OF 2020 Ganesh s/o Narayan Jadhav ... APPLICANT

VERSUS

Sau. Sneha w/o Ganesh Jadhav ... RESPONDENT .......

Mr. D.D. Chaudhari, Advocate for applicant Mr. R.K. Ashtekar, Advocate for respondent .......

CORAM :

R. G. AVACHAT, J.

DATE :

1st JULY, 2021.

PER COURT :

Heard learned counsel for the applicant. This is an application for condonation of delay in filing the revision application. The order impugned has been passed by the Family Court, Latur. The reason has been given in paragraph No.7 of the application. It is averred that, the applicant came to know about the impugned order only when the police had been to his residence with the notice of recovery proceedings. The application is supported by the affidavit. 2.

Learned counsel for the respondent vehemently

Cri. Appln. No.874/2020 :: 2 ::

opposed the application, contending that the applicant was aware of the proceedings. He had appeared through an Advocate. The reason given in paragraph No.7 is not satisfactory.

3.

I have considered the rival submissions. The reason has been given in paragraph No.7 of the application. The same is supported by an affidavit. It is stated that, the Advocate representing the applicant did not inform him about the order having been passed. It is only when the police came to his residence with a notice of recovery of proceedings the applicant came to know about the impugned order. 4.

Believing the averments in paragraph No.7 of the application, the same is allowed subject to costs of Rs.1000/- (Rupees one thousand) to be deposited in this Court within two weeks. The criminal application is disposed of. Criminal Revision Application be registered.

5.

On registration of the Criminal Revision Application, issue notice to the respondent. Mr. Ashtekar, learned counsel waives service of notice for the respondent. ( R. G. AVACHAT ) JUDGE fmp/-