Rajendra S/O Sahebrao Sanap v. Sau. Leena Rajendra Sanap

0401cao1430.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAO NO. 1430/2014 IN FIRST APPEAL ST. NO. 15789 OF 2014 (Rajendra s/o Sahebrao Sanap vs. Sau. Leena Rajendra Sanap) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & V.M. DESHPANDE, JJ.

JANUARY 04, 2016.

Heard Shri Girdekar, learned counsel for the applicant/ appellant.

The prayer is to condone delay of 53 days in filing Appeal under Section 19 of the Family Court Act. The respondent - wife has been served and chosen not to appear.

Shri Girdekar, learned counsel for the applicant submits that as the applicant is a Bus Driver and was away, he got knowledge belatedly. The counsel representing him before the trial Court gave him incorrect impression about the period of limitation and hence there is a delay.

The reasons are supported by proper affidavit. We, therefore, condone delay. However, the same is subject to the applicant depositing an amount of Rs.5,000/- (Rs. Five thousand only) with the Registry of this Court, within a period of four weeks from today. The amount is directed to be deposited to take care of the cost awarded by the trial Court to the respondent - wife. The request of the respondent - wife for withdrawal of that amount shall be considered

0401cao1430.14 independently on its own merits.

The registry to register First Appeal.

FIRST APPEAL ST NO. 15789 OF 2014 This Court has today condoned delay of 53 days in filing appeal.

Notice before admission, returnable on 22.02.2016.

Service through court as also by R.P.A.D. allowed.

JUDGE JUDGE *GS.