Bombay High Court
Shri. Parag S/O Vishram Moharir vs Sau. Bageshree W/O Parag Moharir on 15 July, 2021
Bench: A.S. Chandurkar, Govinda Ananda Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CIVIL APPLICATION (O) No.406 OF 2021
IN
FAMILY COURT APPEAL STAMP No.7531/2021
(Shri Parag s/o. Vishram Moharir Vs. Sau. Bageshree w/o. Parag Moharir)
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Smt. S.K. Paunikar, Advocate for the petitioner.
CORAM : A.S. Chandurkar & G.A. Sanap, JJ.
DATE : 15th July, 2021.
Hearing was conducted through Video
Conferencing and the learned counsels agreed that
the audio and visual quality was proper.
2. The applicant has made this application for
condonation of delay caused for filing an appeal
against the judgment and order dated 27th December,
2019 passed by the Family Court No.4, Nagpur. The
reasons for delay have been mentioned in the
application. It is undisputed fact that the appeal was
not filed within limitation.
3. The dispute is about number of days delay
caused for filing the appeal. The applicant has stated
that for the reasons mentioned in the application the
appeal could not be filed within limitation. It is his
case that in order to have adjudication of his
grievance on merit, in the interest of justice, the delay
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deserves to be condoned. Learned Advocate for the
respondent has opposed this prayer on the ground
that the delay has not been properly explained.
According to the respondent, there is delay of more
than 500 days and not 92 days as stated by the
applicant.
4. We have heard learned Advocates for the
parties. Perused the record and proceeding. It is
admitted fact that against the same judgment and
order appeal has been filed by the respondent. The
said appeal is at the stage of admission. The applicant
herein is respondent in the said appeal. It would
therefore show that in said appeal the right for filing
of cross-objection would be available to the
respondent. Be that as it may the facts placed on
record would show that in the appeal filed by the
respondent there was a delay of about 307 days. On
the application of the respondent the delay was
condoned.
5. Learned Advocate on the basis of the
provisions of Sections 19 and 20 of the Family Courts
Act, 1984 and Section 29 of the Limitation Act
submitted that since the Family Court Act is a special
legislation, the provision of Limitation Act, 1963
particularly Sections 4 to 29 are not applicable.
6. We have given thoughtful consideration to
the facts and circumstances, as well as the
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submissions advanced by the learned Advocates for
the parties. The appeal filed by the respondent was
beyond the period of limitation. The respondent
himself prayed for condonation of delay which delay
was condoned. In these circumstances the respondent
is not justified in raising the bar of limitation. In our
opinion in the backdrop of the above facts the
application for condonation of delay cannot be
rejected. The applicant deserves an opportunity of
hearing and adjudication of his grievance on merit. In
our opinion the condonation of delay would meet the
ends of justice. Therefore, we allow the application.
7. The delay caused for filing an appeal
against the judgment and order dated 27th December,
2019 passed by the learned Judge of Family Court
No.4, Nagpur is condoned.
8. The application is disposed of.
FAMILY COURT APPEAL ST. No.7531/2021,
This appeal be heard along with Family
Court Appeal No.5/2021.
2. Put up on 20th July, 2021 at the end of
admission board.
JUDGE JUDGE
Wadode
