Sana Afroz W/O. Altaf Ghavti And Others v. Altaf S/O. Khader Ghavti

907-CRI APPLICATION NO.3089 OF 2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3089 OF 2019 IN REVNST/275/2019 SANA AFROZ W/O. ALTAF GHAVTI AND OTHERS

VERSUS

ALTAF S/O. KHADER GHAVTI . . .

Advocate for Applicants : Mr. Fayaz K. Patel Advocate for Respondent : Mr. V. D. Gunale . . .

CORAM : BHARAT P. DESHPANDE, J.

DATED : 24th AUGUST 2022 PER COURT :

This is an application for condonation of delay of 40 days in filing criminal revision application.

2.

Heard Mr. Fayaz Patel, learned counsel for applicants and Mr. V. D. Gunale, learned counsel for respondent.

3.

Learned counsel for applicants submits that the applicant no.1. is a lady having two minor children and she is resident of Latur. The Judgment and order was passed by the learned Family Court at Latur on 04-05-2019 in Criminal Miscellaneous Application No. 4 of 2017. 4.

The applicants applied for certified copy, however, thereafter she was unable to contact the advocate at Aurangabad in order to prepare and file revision application. The delay is not intentional. 1/2

907-CRI APPLICATION NO.3089 OF 2019.odt 5.

Learned counsel for the respondent opposed the application on the ground that there is no sufficient cause to condone the delay. However, he submits that respondent has also filed the criminal revision application no. 388 of 2019 pending before this court challenging the same order. 6.

Considering the above submissions and the reasons disclosed in para nos.8 and 9 of the application for condonation of delay, which are considered as sufficient cause for condoning such delay, application could be allowed. Hence the order :- O RDER (i) The criminal application stands allowed.

(ii) The delay of 40 days in filing revision application is condoned. (iii) The criminal application stands disposed of. (iv) Office to register the revision application. ( BHARAT P. DESHPANDE, J.) Tandale/- 2/2