Prasad Laxmikant Deshmukh v. Ashwini Prasad Deshmukh And ANR

9.CA.11726.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11726 OF 2023 IN FCA/43/2023 PRASAD LAXMIKANT DESHMUKH

VERSUS

ASHWINI PRASAD DESHMUKH AND ANR ...

Advocate for Applicant : Mr. Dixit Sushant V. Advocate for Respondent : Mr. T.M. Venjane ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, J.J.

DATE : 20.09.2023 PER COURT :

Though the office claims that this application seeking restoration is barred by limitation by five days, in fact it was a conditional order. The office objections were to be removed within four weeks. The period of four weeks expired on 17.08.2023 and the application has been filed on 25.08.2023 which is apparently within limitation. 2.

For the reasons mentioned in the application and considering the fact that it is a family court appeal, for the reasons mentioned in the application the application is allowed. Family Court Appeal is restored subject to the condition that the office objection would now be removed within two weeks.

3.

Learned advocate also submits that the respondent opposes this application.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 1/1