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Bombay High CourtAPPR/4/2023allowed

Mrs. Leeni W/O. Chandrakant Sardar And Another v. Mr. Chandrakant S/O. Haridas Sardar

2023-01-24Hon'Ble Smt. Justice Bharati Harish Dangre3 pages

1 / 3 47-APPR 04.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR C RIMINAL APPLICATION (APPR) NO. 04 OF 2023 IN CRIMINAL REVISION APPLICATION NO. 8857 OF 2022 Mrs. Leeni w/o Chandrakant Sardar and 1 another vs. Mr. Chandrakant S/o Haridas Sardar ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mrs. Leeni Chandrakant Sardar (In person).

CORAM : BHARATI DANGRE J.

DATE : 24/01/2023 Heard Ms.Linee Chandrakant Sardar, applicant No.1 present in the Court.

2.

I have also perused the order passed by the members of the committee constituted under Chapter IV-A Rule 2 of the Bombay High Court Appellate Side Rules, 1960 before whom she sought permission to appear and argue the matter in person. The order dated 07/01/2023 has recorded that she will be able to demonstrate the facts involved in the matter and therefore, permission has been granted. 3.

In the wake of the said permission, I have heard Ms.Linee Sardar. In support of the Criminal

2 / 3 47-APPR 04.2023 Application (Stamp) No. 8857 of 2022, where she seek condonation of delay of 13 days in filing the revision application.

4.

The application is supported by reasons and since the delay is only of 13 days, I do not deem it fit to issue notice to the other side, but considering that the delay is bonafide, I condone the delay in filing criminal revision application. Application is allowed.

CRIMINAL REVISION APPLICATION NO. 8857 OF 2022 Ms.Linee Sardar also seek permission to effect amendment in the criminal revision application, particularly in the prayer clause as being a lay man she has messed up the relief sought as the Family Court has in fact decided two applications together being Misc.Cri.Application No.40/2018 and Misc.Cri.Application No.78/2014 and therefore, she need to amend the prayer clause by seeking necessary relief.

5.

Permission granted to carry out amendment as desired. She is also directed to check whether the corresponding amendment in the prayer she required any amendment in the pleadings of the

3 / 3 47-APPR 04.2023 application. If that is so desired, she may move an application seeking amendment.

6.

List after two weeks.

[ BHARTI DANGRE J. ] P DESHPANDE 17:01