Bombay High CourtCAO/1225/2015admittedallwdgrantedrule absolute

Sau. Ranjita W/O Nilesh Dehankar v. Mr. Nilesh S/O Nagorao Dehankar

2015-08-14Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

CAO1225-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.O. NO.1225/2015 IN FAMILY COURT APPEAL ST. NO. 12498/2015 (RANJITA NILESH DEHANKAR VERSUS NILESH NAGORAO DEHANKAR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri I.J. Damle, counsel for the applicant.

Shri M.V. Amle, counsel for the respondent.

CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATE : AUGUST 14 , 2015.

Heard. Perused the contents of the application and the reply filed on behalf of the non-applicant. It prima-facie appears from a reading of the Roznama and the other documents annexed to the application and the reply as also the appeal memo, that the applicant was not served in the proceedings filed by the respondent for a declaration that the marriage between the parties is a nullity. In the absence of any knowledge about the proceedings, the applicant cannot be blamed for the delay. As soon the applicant became aware about the decision of the Family Court, the applicant has filed the appeal along with the application for condonation of delay in filing the appeal. In the circumstances, we condone the delay. The civil application is allowed and disposed of. F.C.A. ST. NO.12498/2015.

The appeal may be listed for final disposal at the stage of admission on 24.08.2015.

The respondent is directed to take a note that the appeal may be admitted on the next date of hearing and heard finally as it prima-facie appears that the appellant was not served in the matter.

CAO1225-15 The Registry is directed to secure the Record & Proceedings till then.

JUDGE JUDGE APTE