Bombay High CourtCAO/749/2017admittedallwdgrantedrule absolute

Dr. Smt. Kavita W/O Anand Dhabarde v. Anand S/O Bhanudas Dhabarde

2017-06-30Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

3006cao749.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION O. NO.749/2017 IN MISC. CIVIL APPLICATION ST. NO.4920/2017 IN FAMILY COURT APPEAL NO.240/2014 (D) Dr. Smt. Kavita w/o Anand Dhabarde ...Versus...

Anand s/o Bhanudas Dhabarde - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.C. Chahande, Advocate for applicant CORAM : SMT. VASANTI A NAIK AND ARUN D. UPADHYE, JJ.

DATE : 30.06.2017 It would not be necessary to issue notice to the respondent on this civil application as the respondent was not represented by the Counsel in the Court on 25.1.2017 when the family court appeal was dismissed in default. For the reasons stated in the application, the delay in filing the restoration application is condoned. The civil application is allowed and disposed of.

MISC. CIVIL APPLICATION ST. NO.4920/2017 It would not be necessary to issue notice to the respondent on this civil application as the respondent was not

3006cao749.17.odt represented by the Counsel in the Court on 25.1.2017 when the family court appeal was dismissed in default. For the reasons stated in the application, the family court appeal is restored to file, subject to payment of costs of Rs.500/- (Rupees Five Hundred Only) to the High Court Bar Association, Nagpur within one week.

The misc. civil application is allowed in the aforesaid terms and disposed of.

If the costs are paid and the family court appeal is restored to file, issue notice to the respondent for hearing of the family court, on merits.

JUDGE JUDGE Wadkar