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Bombay High CourtIA/11396/2025allowed

Ashish S/O Pratapsingh Bist v. Kusum W/O Ashish Bist

2025-11-25Hon'Ble Shri Justice Sandesh Dadasaheb Patil , Hon'Ble Justice Revati Mohite Dere2 pages

Digitally signed by RUPALI RAJESH WAKODIKAR Date:

2025.11.27 10:50:42 +0530 42-IA-11396-2025.doc RUPALI RAJESH WAKODIKAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11396 OF 2025 IN FAMILY COURT APPEAL NO. 151 OF 2009 Ashish S/o Pratapsingh Bist ...Applicant

Versus

Kusum W/o Ashish Bist

...Respondent

Ms. Sushma Shubhada Sadashiv Kulkarni a/w Mr. Deepak Tukaram Raut for the Applicant.

None for the Respondent.

CORAM : REVATI MOHITE DERE & SANDESH D. PATIL, JJ.

DATE : 25 th NOVEMBER, 2025 P.C. :

1.

By this interim application, the applicant seeks recall of the order dated 20th March, 2021, by which, the aforesaid appeal was dismissed for default. It appears from the said order dated 10th March, 2021 that since none was present for the appellant on 25th Wakodikar 1/2

42-IA-11396-2025.doc February, 2021 and on 20th March, 2021, the Family Court Appeal was dismissed for default.

2.

For the reasons set out in the application, the application is allowed and the order dated 10th March, 2021 is recalled and the aforesaid Family Court Appeal is restored back to its original file. 3.

Application is accordingly disposed of.

4.

Family Court Appeal to be added on the final hearing board in the week commencing from 5th January, 2026. SANDESH D. PATIL, J.

REVATI MOHITE DERE, J.

Wakodikar 2/2