Nusrat Jahan @ Guddi W/O. Muniroddin Shaikh And Others v. Muniroddin Shaikh S/O. Moinoddin Shaikh

39-CrAn-4211-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 CRIMINAL APPLICATION NO.4211 OF 2022 IN REVNST/11703/2022 NUSRAT JAHAN @ GUDDI W/O. MUNIRODDIN SHAIKH AND OTHERS

VERSUS

MUNIRODDIN SHAIKH S/O. MOINODDIN SHAIKH ...

Advocate for Applicants : Mr. Mahesh V. Ghatge Advocate for Respondent : Mr. A. R. Devakate ...

AND 50 CRIMINAL REVISION APPLICATION NO.258 OF 2022 WITH APPLN/3258/2022 IN REVN/258/2022 MUNIRODDIN MOINODDIN SHAIKH

VERSUS

NUSRAT JAHAN @ GUDDI W/O. MUNIRODDIN SHAIKH AND OTHERS ...

Advocate for Applicant : Mr. Anant R. Devakate Advocate for Respondents : Mr. Mahesh V. Ghatge ...

CORAM :

S. G. MEHARE, J.

DATE :

10-07-2023 PER COURT :- 1.

Heard the learned counsel for the applicants and the learned counsel for the respondent.

2.

There was 68 days delay in filing revision application against the impugned judgment and order.

3.

The learned counsel for the applicants would submit that delay is not deliberate and the reason for delay is reasonable.

39-CrAn-4211-22.odt 4.

The learned counsel for the respondent/husband has strongly opposed the application. He would submit that the reasons assigned for delay are not genuine, proper and sufficient. The husband has impugned the judgment and order and to counter it, present application has been filed. 5.

Perused the application and its contents. The reasons assigned for delay appear plausible. No harm shall be caused to the respondent if the delay is condoned. Hence, the order:- i) Criminal application No.4211 of 2022 is allowed. ii) Delay of 68 days in preferring criminal revision is condoned. iii) Registry to register the revision application according to law. iv) Upon registration, issue notice to the respondent. v) The learned counsel waives service of notice for respondent. vi) Leave granted to the applicant/wife to file additional affidavit.

vii) List the matters on 09.08.2023.

( S. G. MEHARE ) JUDGE rrd