Shrikrishna Asaramji Revaskar v. Sau. Pushpa Shrikrushna Revaskar And Others

appr182.17 10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION (APPR) NO.182/2017 Shri krishna Asaramji Revaskar ..vs..

Sau. Pushpa Shrikrushna Revaskar and ors ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri M.V. Amale, Counsel for the applicant.

CORAM

: V.M. DESHPANDE, J.

DATED : FEBRUARY 20, 2018.

1.

This is an application for condonation of delay. 2.

Heard learned counsel Shri M.V. Amale for the applicant.

3.

The application for condonation of delay is filed since the applicant by filing a revision wishes to challenge judgment and order dated 26.12.2016 passed by learned Judge of the Family Court at Akola in Petition No.E-117/2014. There occurs delay of 143 days. 4.

On 28.11.2017, Notices of this application were issued to the non-applicants.

5.

Office note shows that the non-applicants are duly served.

6.

On 30.1.2018 when this application was listed, nobody appeared for the non-applicants. In order to give a chance to the non-applicants to put up their case, the application was adjourned to .....2/-

appr182.17 10 today for further consideration.

7.

Today also, when the application was called out, nobody is appearing on behalf of the non-applicants nor Vakalatnama of any Advocates is filed on record. 8.

As per the application, counsel for the applicant did not inform the applicant regarding passing of judgment and order dated 26.12.2016 and when the applicant went to the office of Advocate on 9.2.2017, he got information. Immediately on the next day certified copy was applied. The submissions are made on affidavit.

9.

Since the submissions on affidavit are not controverted, the application is allowed. Delay of 143 days in preferring the revision is condoned.

10.

Office is directed to register the criminal revision and place the same for admission on 27.2.2018.

11.

The criminal application for condonation of delay is allowed and disposed of.

JUDGE !! BRW !!

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