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Bombay High CourtCA/9932/2018disposed offdismissed for default

Amit Kamlakar Shinde And ORS v. Lata @ Akshada Amit Shinde

2019-03-15Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice R. G. Avachat2 pages

C.A. No.9932/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.9932 OF 2018 IN FAMILY COURT APPEAL ST. NO.22542 OF 2018 Amit s/o Kamlakar Shinde & ors.

...APPLICANTS

VERSUS

Lata @ Akshada w/o Amit Shinde ...RESPONDENT .....

Shri G.N. Chincholkar, Advocate for applicants Shri A.S. Deshmukh, Advocate for respondent .....

CORAM:

SUNIL P. DESHMUKH AND R.G. AVACHAT, JJ.

DATED :

15th March, 2019 ORAL ORDER :

1.

Heard learned counsel appearing for the parties. The cause of delay has been explained as appearing in Para No.2 of the Civil Application. Though learned counsel for the respondent purports to reply it, veracity of the contents of paragraph No.2, would not be said to have been overcome by any plausible submissions.

2.

Having regard to the decision of the Supreme Court in

C.A. No.9932/2018 the case of Collector, Land Acquisition, Anantnag Vs. Mst. Katiji, reported in [1987 SC 1353] and Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and others, reported in [ (2013) 12 SCC 649] in the matter of delay condonation, we deem it appropriate to condone the delay. In view of the same, the Civil Application is allowed in terms of prayer clause (B) and disposed of. The Family Court Appeal be registered and listed on 29th March 2019.

(R.G. AVACHAT) (SUNIL P. DESHMUKH) JUDGE JUDGE fmp/