Yogita Pratik Ghadge v. Pratik Prakash Ghadge

16.IA.18376.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18376 OF 2023 IN FAMILY COURT APPEAL (ST) NO.32939 OF 2023 Digitally signed by AARTI GAJANAN PALKAR Date:

2024.02.26 17:21:46 +0530 AARTI GAJANAN PALKAR Yogita Pratik Ghadge ...Applicant

Versus

Pratik Prakash Ghadge

...Respondent

Mr. Nagesh Chavan, Advocate for Applicant/Appellant-Wife.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : FEBRUARY 23, 2024 P. C.

1.

The above Interim Application is filed seeking a condonation of delay of 208 days in filing the above Family Court Appeal. 2.

When the above Interim Application had come up before this Court on 5th January, 2024, we had directed the Registry to issue notice to the Respondent-husband, returnable on 2nd February, 2024. Over and above this, we had also permitted the Applicant/Appellant to serve the Respondent-husband by private notice as well. Though the Court notice is awaited, private notice has FEBRUARY 23, 2024 Aarti Palkar

16.IA.18376.2023.doc been effected as evident by the affidavit of service dated 12th February, 2024. Despite service, none have appeared on behalf of the Respondent-husband and no affidavit-in-reply is filed controverting what is stated in the above Interim Application. 3.

For the reasons stated in the Interim Application, we are satisfied that a case is made out for condoning the delay. In these circumstances, the delay of 208 days is condoned. 4.

Now that the delay is condoned, the Registry shall proceed to number the above Appeal subject to the Applicant/Appellant removing all other office objections within a period of two weeks from today, failing which the above Appeal shall stand dismissed without further reference to the Court.

5.

The Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 6.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.] FEBRUARY 23, 2024 Aarti Palkar