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Bombay High CourtCA/11149/2014rejected at admission stage

Syed Wasef Shahzad @ Bablu Kazi Syed Ahemad v. Sayyeda Sadiya Syed Wasef Shahzad

2015-11-20Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice A. I. S. Cheema2 pages

ca11149.14 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.11149 OF 2014 IN AND WITH FAMILY COURT APPEAL ST. NO.26709 OF 2014 Syed Wasef Shahzad @ Bablu s/o Kazi Syed Ahemad ...APPLICANT

VERSUS

Sayyeda Sadiya w/o Syed Wasef Shahzad ...RESPONDENT ...

Mr. G.R. Syed Advocate for Applicant.

...

CORAM: R.M. BORDE AND A.I.S. CHEEMA, JJ.

DATE : 20TH NOVEMBER, 2015 ORDER :

.

This is an Application tendered by the Applicant seeking condonation of delay of 845 days in presenting the Appeal. The Family Court Appeal is directed against the Judgment and order passed by the Family Court, Aurangabad granting decree of divorce in favour of Respondent wife.

ca11149.14 2.

There is absolutely no sound reason recorded in the Application explaining the lapse on the part of the Applicant in approaching the Court for the period of more than 845 days. Although the Applicant has stated that he was lodged in jail for certain period, the details of the same are not recorded in the Application. 3.

In this view of the matter, no case is made out for granting indulgence in favour of the Applicant. Application is devoid of merit. The Application stands rejected.

4.

In view of rejection of the application for condonation of delay in presenting the Family Court Appeal, the Family Court Appeal St. No.26709 of 2014 does not survive and the same stands rejected.

[A.I.S. CHEEMA, J.] [R.M. BORDE, J.] asb/NOV15