Jivan Madhukar Nagapurkar v. Shaila Jivan Nagapurkar

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2714 OF 2011 CIVIL APPLICATION NO.13453 OF 2010 IN FAMILY COURT APPEAL ST.NO.28799 OF 2010 Jivan s/o Madhukar Nagapurkar Applicant

Versus

Sow.Shaila w/o Jivan Nagapurkar Respondent Mr.H.A.Joshi, advocate for the applicant.

Ms.S.A.Nirban, advocate holding for Mr.R.F.Totala, advocate for the Respondent.

CORAM : R.M.BORDE & V.K.JADHAV, JJ.

DATE : 18th April, 2015 PER COURT:

This is an application for recalling conditional order passed by this Court on 08.10.2010/25.10.2010, dismissing the Civil Application for condonation of delay as well as Family Court Appeal, for non deposit of amount of bhatta.

The applicant contends that due to inadvertence, the objection in respect of deposit of bhatta amount was not removed. The matter relates to matrimonial discord and, therefore, in the interest of justice, the Civil Application for condonation of delay as well as Family Court Appeal may be restored to file. Considering the reasons stated in the application, application deserves to be allowed and same is accordingly allowed.

{2} The conditional order passed by this Court dismissing the Civil Application for condonation of delay as well as Family Court Appeal, for non removal of office objections, is recalled. The Civil Application for condonation of delay as well as Family Court Appeal are restored to file.

Civil Application stands disposed of.

V.K.JADHAV R.M.BORDE JUDGE JUDGE adb/ca271411

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13453 OF 2010 IN FAMILY COURT APPEAL ST.NO.28799 OF 2010 Jivan s/o Madhukar Nagapurkar Applicant

Versus

Sow.Shaila w/o Jivan Nagapurkar Respondent Mr.H.A.Joshi, advocate for the applicant.

Ms.S.A.Nirban, advocate holding for Mr.R.F.Totala, advocate for the Respondent.

CORAM : R.M.BORDE & V.K.JADHAV, JJ.

DATE : 18th April, 2015 PER COURT:

This is an application seeking condonation of delay of 27 days occurred in presenting the appeal.

Heard. For the reasons stated in the application, application deserves to be allowed and same is accordingly allowed. Delay of 27 days occurred in presenting the appeal stands condoned.

Civil Application stands disposed of.

Place the appeal for admission on Monday, 20th April, 2015.

V.K.JADHAV R.M.BORDE JUDGE JUDGE adb/ca271411