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Bombay High CourtCA/5837/2013disposed offdismissed for default

Prakash Eknath Dheple v. Vithabai Prakash Dheple

2017-07-21Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice Arun M. Dhavale2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5837 OF 2013 IN FAMILY COURT APPEAL ST. NO. 12316 OF 2013 Prakash Eknath Dheple Applicant

Versus

Vithabai Prakash Dheple Respondent Mr. Rahul Joshi, advocate for applicant.

Mrs. M.D. Thube-Mhase, advocate for respondent. WITH CIVIL APPLICATION NO. 5825 OF 2013 IN FAMILY COURT APPEAL ST. NO. 12312 OF 2013 Prakash Eknath Dheple Applicant

Versus

Vithabai Prakash Dheple Respondent Mr. Rahul Joshi, advocate for applicant.

Mrs. M.D. Thube-Mhase, advocate for respondent. CORAM : R.M.BORDE & A. M. DHAVALE, JJ.

DATE : 21st JULY, 2017 PER COURT:

These are the applications seeking condonation of delay occurred in presenting appeals.

One appeal is raising exception to the order passed by the

{2} ca5837.13.odt trial Court directing restitution of conjugal rights whereas another appeal is directed against rejection of application seeking divorce presented by husband. During the pendency of application and appeal, the matter was referred for mediation however, the mediator has reported failure of mediation proceeding. Since the dispute between the parties relates to matrimonial disharmony, it is desirable to hear the appeals on merit. Applications are thus allowed. Delay occurred in presenting the appeals stands condoned. Civil applications stand disposed of. ( A.M. DHAVALE ) ( R.M.BORDE ) JUDGE JUDGE dyb