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Bombay High CourtCA/11215/2014admittedallowedgrantedrule absolute

Supriya Umesh Dhote v. Umesh Sidram Dhote

2016-04-15Hon'Ble Shri Justice T.V. Nalawade1 pages

925.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 11215 OF 2014 IN SAST/10256/2014 WITH SECOND APPEAL ST. NO.10256/2014 SUPRIYA UMESH DHOTE

VERSUS

UMESH SIDRAM DHOTE ...

Advocate for Applicant : Mr. Devakate Anant R

CORAM

: T. V. NALAWADE, J DATE :

15th April, 2016 PER COURT :

1.

The application is filed for condonation of delay of 865 days caused in filing the second appeal against the judgment and decree of restitution of conjugal rights given by the first appellate court. Notice of the present proceeding was tendered by the office of the Court to the present respondent. Bailiff report shows that the respondent has refused to accept the notice. In view of this report dated 23.03.2016, this court has presumed that there is service of notice of the present application on the respondent. 2.

In view of the contentions made in the application and submissions made, this Court holds that sufficient cause is shown. Application is allowed. Delay is condoned. Civil application is disposed of. 3.

Issue notice to the respondents in second appeal made returnable on 18.07.2016.

4.

Call record and proceedings.

( T. V. NALAWADE, J. ) JPC