Sou.Seema Niranjan Karmalkar @ Seema Rahul Sutrave v. Rahul Dnyaneshwar Sutrave

16-IA-13066-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13066 OF 2025 IN FAMILY COURT APPEAL NO. 35 OF 2020 Sou. Seema Niranjan Karmalkar @ Seema Rahul Sutrave ...Applicant SNEHA NITIN CHAVAN

Versus

Rahul Dnyaneshwar Sutrave

...Respondent

by SNEHA NITIN CHAVAN Date: 2026.02.09 16:20:15 +0530 **** Ms. Seema Dighe i/b Priyal Sarda for the Applicant. Mr. Dhananjay Bhosale for Respondent.

**** CORAM :

BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATE :

6th FEBRUARY, 2026 P.C. :

1.

The interim application seeks restoration of Family Court Appeal No. 35 of 2020, which is dismissed for non removal of office objections, after the objections were notified by the Registrar(Judicial-II) on 16.07.2025.

2.

Heard the counsel for the applicant and perused the application. It is noted that on 24.02.2023 notice was issued in the Family Court Appeal and the notice of Respondent No. 2 remained unserved and therefore, the appeal was placed before the Registrar for taking steps for service of notice upon the unserved Respondent no. 2. Since no steps were taken, for taking requisite steps for issuance of fresh notice or for supplying postal stamps, by invoking the power available, the Registrar noted that the matter is lying idle without any Sneha Chavan

16-IA-13066-2025.doc progress and no steps being taken.

The Appellant was therefore, directed to take steps within two weeks without fail and in absence, the appeal was directed to be dismissed against the unserved Respondent No.2 without further reference to the Registry. It is in these circumstances, the appeal came to be dismissed.

3.

The application, has specifically set out the justification for the service not being effected on Respondent No. 2 and the attempts made to serve the Respondent No. 2.

Being satisfied with the bonafide of the application, Interim Application No. 13066 of 2025 is made absolute. The delay of 55 days, which had occurred in filing of the application, is condoned. The Family Court Appeal is directed to be listed on 06.03.2026. (MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) Sneha Chavan