Nirmalabai Balasaheb Chaudhari v. Rajendra Balasaheb Chaudhari

{1} CA 52 OF 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO.52 OF 2017 IN FAST/29476/2016 NIRMALABAI BALASAHEB CHAUDHARI

VERSUS

RAJENDRA BALASAHEB CHAUDHARI ...

Advocate for Applicant : Shri H.D. Deshmukh Advocate for Respondent : Shri C.K.Shinde ...

CORAM : P.R.BORA, J.

DATE: 6th February, 2019 PER COURT:- Heard the learned Counsel for the parties. Though, the delay apparently appears to be of huge period of 3066 days, it is not in dispute that the time has been consumed in agitating before the wrong forum. I am, therefore, inclined to condone the delay. Hence, the following order is passed:-

ORDER

I) The application is allowed.

II) Delay of 3066 days caused in filing the appeal is condoned. Civil Application No.52 of 2017 stands disposed of.

III) Appeal be registered in accordance with law.

{2} CA 52 OF 2017 IV) After registration of appeal, issue notice to the respondent. Shri C.K.Shinde, learned Counsel waives service of notice for sole respondent. Service complete.

V) List the matter for further consideration on 06.03.2019.

(P.R.BORA) JUDGE SPT