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Bombay High CourtCAO/1132/2019allowed

Shri Pravin S/O Tarachand Bagde v. Sau. Mangala @ Dolly W/O Pravin Bagde

2021-07-06Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice G. A. Sanap2 pages

2-CAO-1132-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (O) NO. 1132 OF 2019 IN F. C. A. ST. NO. 5674 OF 2019 SHRI PRAVIN S/O TARACHAND BAGDE

VERSUS

SAU. MANGALA @ DOLLY W/O PRAVIN BAGDE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Y. B. Mandpe, Advocate for applicant /appellant. CORAM : A.S. CHANDURKAR AND G. A. SANAP, JJ. DATE :

JULY 06 , 2021 .

Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality was proper.

Heard the learned counsel for the applicant.

This is an application for condonation of delay of 794 days in filing the appeal against the impugned judgment and decree. The reasons for filing the appeal after expiry of period of limitation are mentioned in the application. The respondent has been duly served. The respondent has failed to appear before the Court.

On going through the facts stated in the application, we are of the opinion that the reasons mentioned in the application in support of prayer for condonation of delay are probable and acceptable. Accordingly, the delay in filing the appeal against the impugned judgment and decree of the Family Court No.3, Nagpur dated 04/10/2016 is condoned and application is allowed.

2-CAO-1132-19 F. C. A. (ST.)NO.5674/2019 Issue notice for final disposal to the respondent, returnable in four weeks.

(G. A. SANAP, J.) (A.S. CHANDURKAR, J.) Choulwar