Bombay High CourtRC/35/2020rejected

Sumit S/O Mahesh Naidu v. Mrs. Sonam W/O Sumit Naidu

2020-01-08Hon'Ble Shri Justice Z.A. Haq,Hon'Ble Shri Justice S.M. Modak2 pages

1 903.cao.543.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH NAGPUR CIVIL APPLICATION (CAO) NO.543 OF 2019 AND MISC. CIVIL APPLICATION (STAMP) NO.27564 OF 2018 IN FAMILY COURT APPEAL NO. 326 OF 2014 Sumit S/o. Mahesh Naidu ..VS..

Mrs. Sonam W/o. Sumit Naidu - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Adv. Shri Francis Karayil h/f. Mrs. Ira Khisti, Advocate for the applicant/appellant CORAM : Z.A.HAQ AND S. M. MODAK, JJ.

DATED : 8 th JANUARY 2020 Family Court Appeal No. 326 of 2014 is dismissed for want of prosecution by order dated 26th September 2018. Now Miscellaneous Civil Application is filed praying that First Appeal No. 326 of 2014 be restored and as there is delay in filing the Miscellaneous Civil Application, this Civil Application is filed praying for condonation of delay. In the cause title of Civil Application also the matter is shown as First Appeal. We find that same mistake is carried in the order also. 2] This callousness has become routine now a days and such practices have to be curbed. Hence, the Civil Application is dismissed with costs of Rs.1000/- to be deposited by the Advocate for the applicant/appellant

2 903.cao.543.2019 with the High Court Legal Services Sub Committee, Nagpur. The receipt showing the deposit of the amount shall be produced on record of this appeal within two weeks.

Consequently, the Miscellaneous Civil Application Stamp No. 27564 of 2018 is rejected. 3] The applicant/appellant will be at liberty to file fresh application properly, if so advised. (S. M. MODAK, J.) (Z.A. HAQ, J.) Namrata