Sudhakar S/O Kisan Gaikwad v. Smt. Jyotsna W/O Sudhakar Gaikwad

1 mca450.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO.450 OF 2019 IN FAMILY COURT APPEAL NO.312 OF 2014 [Sudhakar s/o Kisan Gaikwad .vs. Smt. Jyotsna w/o Sudhakar Gaikwad] --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Shri D.M. Kale, Advocate for the applicant-appellant, Shri M.B. Agasti, Advocate for the respondent. ..........

CORAM : A.S. CHANDURKAR AND N.B. SURYAWANSHI, JJ.

DATED : 18.12.2020.

This is an application filed by the applicantappellant seeking restoration of appeal which was dismissed for default on 26.09.2018. The reason given is since the counsel for the appellant was busy in other court, he could not reach when the matter was called out.

The respondent has filed reply to the restoration application and the restoration is strongly opposed by the learned advocate for the respondent stating that no case is made out for restoration. The maintenance order is challenged in the family court appeal and the appellant is not paying the maintenance regularly and on that count the restoration should not be permitted.

Considering the reason given in the application, the misc. civil application is allowed. The

2 mca450.19 order dated 26.09.2018 is recalled, subject to the condition that the appellant pays Rs.2,000/- to the respondent, within a period of three weeks from today. Misc. Civil Application stands disposed of.

JUDGE JUDGE Gulande