Shri. Punit S/O Sujay Barmase v. Smt. Neelam W/O. Punit Barmase

(1) 912 cao 1002-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.1002 OF 2024 IN FAMILY COURT APPEAL STAMP NO. 10906 OF 2024 Shri. Punit S/o Sanjay Barmase Vs.

Smt. Neelam W/o Punit Barmase -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Shri V.B. Gawali, Advocate for petitioner Shri Y.R. Kinkhede, Advocate for respondent CORAM :

SMT. M.S. JAWALKAR AND NANDESH S. DESHPANDE, JJ.

DATED : 06.02.2026 Heard Shri Gawali, learned Counsel for the applicant.

2.

This is an application seeking condonation of delay in filing the Family Court Appeal. The delay is stated to be of 363 days. In paragraph Nos. 4 and 5, the Counsel for the appellant/applicant has stated that there was some miscommunication between the Counsel appearing before the Family Court and the Counsel appearing before this Court, as also that the mother of the appellant is suffering from some ailment. On being confronted, an additional affidavit is filed and the treatment papers of the mother, as also the reasons in detail are stated in the application.

(2) 912 cao 1002-2024 3.

The learned Counsel for the non-applicant while vehemently opposing the contentions advanced by the learned Counsel for the appellant, states that the reasons stated in the application cannot be good reasons for condoning a huge delay of 363 days. He submits that the application is vague in nature and no specific reason, date wise is spelt out in the said application. However, to advance the cause of justice, in our view, the delay is liable to be condone but putting some fetters on the appellant. 4.

The delay is accordingly condoned, subject to payment of costs of Rs.10,000/- by the applicant to the nonapplicant within two weeks from today. The Family Court Appeal to be registered and placed for admission. FAMILY COURT APPEAL STAMP NO. 10906 OF 2024 At the request of learned Counsel for both parties, the matter is referred to mediation. 2.

The learned Advocate Shri J.J. Chandurkar is appointed as a Mediator to explore the possibility of settlement.

3.

The parties to appear before the learned Mediator on 12.02.2026 at 2:00 p.m. at the mediation center and abide by further instructions.

(NANDESH S. DESHPANDE, J.) (SMT. M.S. JAWALKAR, J.) Jayashree..