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Bombay High CourtAPPLN/1950/2020application allowed

Shrimant S/O. Shrirang Gund v. Rita W/O. Shrimant Gund And ANR

2022-07-19Hon'Ble Shri Justice S. G. Mehare2 pages

936-CrAn-1950-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.1950 OF 2020 IN CRIMINAL REVISION APPLICATION STAMP NO. 2491 OF 2020 SHRIMANT S/O. SHRIRANG GUND

VERSUS

RITA W/O. SHRIMANT GUND AND ANR ...

Advocate for Applicant : Mr. R. R. Deshmukh h/f. Mr. D. A. Madake Advocate for Respondents No. 1 and 2 : Mr. Vivek V. Bhavthankar ...

CORAM :

S. G. MEHARE, J.

DATE :

19-07-2022 PER COURT :- 1.

Heard the learned counsel for the applicant and the learned counsel for the respondents.

2.

The learned counsel for the applicant would submit that the delay of 790 days was caused in filing revision application since the applicant could not pay the fees demanded by his earlier lawyer. Meantime, the respondents/original applicants filed the execution proceeding. He has no money to deposit towards maintenance as ordered by the learned Judge, Family Court, Latur. The delay is bona fide. Therefore, delay may be condoned. 3.

The learned counsel for the respondents/original applicants would submit that the applicant runs a grocery shop in the village, he has landed property and agricultural land. He has not paid the maintenance as per the order of the court. He is now in arrears of Rs.6 Lakh.

936-CrAn-1950-20.odt 4.

The arrears of the maintenance is a different issue. However, this Court is satisfied with the reasons given for delay. Hence, the delay is condoned and the application is allowed. 5.

The revision application be registered according to the rules. ( S. G. MEHARE ) JUDGE rrd