Rahul Ramakant Kulkarni v. Neeta W/O Rahul Kulkarni

2024:BHC-AUG:12388-DB 914 CA 9282 OF 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 9282 OF 2023 IN FCA/20/2022 RAHUL RAMAKANT KULKARNI

VERSUS

NEETA W/O RAHUL KULKARNI ...

Advocate for Applicant : Mr. Borde Kishorkumar B. ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 28.06.2024 PER COURT :

This is an application seeking restoration of the Family Court Appeal which has been dismissed in default for want of prosecution. 2.

The respondent has been duly served.

3.

As can be seen, the appeal was dismissed for non appearance of the appellant. The underlying theme being 'actus curiae neminem gravabit', the applicant cannot be allowed to suffer for the lapse of his learned advocate. The application has been preferred in time.

4.

The Application is allowed. The Family Court Appeal is restored. ( SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) mkd/- 1/1