Pramila Shivajirao Yellulwad v. Shivajirao Arjunrao Yellulwad

CA 14138/16 in FCA (St) 27342/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.14138/2016 IN FAMILY COURT APPEAL (St.) NO.27342/2016 Pramila Shivajirao Yellulwad.

...Applicant..

Versus

Shivajirao Arjunrao Yellulwad.

...Respondent...

.....

Shri R.P. Phatake, Advocate h/f Shri r.J. Ranshoor, Advocate for applicant.

Shri A.M. Gaikwad, Advocate for respondent.

.....

CORAM: ANOOP V. MOHTA & SUNIL K. KOTWAL, JJ.

DATE: 12.06.2017 ORDER :

1] Applicant has taken out this civil application for condonation of delay of 19 days in filing the Family Court Appeal. Reliance is placed on Full Bench judgment of this Court reported in 2017 (1) Mh.L.J., 281 - Shivram v. Sharmila, whereby it is answered that the appeal filed under sub-section (1) of Section 19 of the Family Courts Act, 1984, period of limitation prescribed under sub-

CA 14138/16 in FCA (St) 27342/16 - 2 - section (4) of Section 28 of the Hindu Marriage Act, 1955, shall apply.

2] Learned counsel appearing for respondent, however, opposes the prayer.

3] Considering the judgment and the law settled and even otherwise considering the averments so made for condonation of delay, we are inclined to condone the same.

4] Civil application is accordingly allowed in terms of prayer clause (B) and disposed of. No costs. 5] Office to take note of above Full Bench judgment to avoid objection in similarly placed appeals filed by the other appellant/s.

(SUNIL K. KOTWAL, J.) (ANOOP V. MOHTA, J.) ndk/c1261713.doc