Smt. Praveena W/O Tirupati Kankam ... vs Shri Tirupati S/O Mallaiah Kankam
2021 Latest Caselaw 16561 Bom

                                                                                7.cao.643.2019.odt
                                               1



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                    CIVIL APPLICATION (CAO) NO.643 OF 2019
                                      IN
                  FAMILY COURT APPEAL (ST.) NO. 5988 OF 2019

                            Smt Praveena W/o. Tirupati Kankam
                                          ...Versus...
                             Shri Tirupati S/o. Mallaiah Kankam
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                Court's or Judge's orders.
and Registrar's Orders.
                            Mr A. K. Madne, Advocate for respondent

                             CORAM : A. S. CHANDURKAR AND G. A. SANAP, JJ.

DATE : 30th November 2021

Heard.

2] The applicant/appellant has made this application for condonation of delay of 709 days caused in filing the appeal against the judgment and decree dated 02/01/2017 passed in Petition No. A-591 of 2016 by the Family Court No.3, Nagpur.

3] It is stated that the decree passed by the Family Court is ex-parte. The applicant had no knowledge of the said decree. The appellant came to know about the same on 28/01/2019 when she went to

7.cao.643.2019.odt

serve the notice of domestic violence proceedings. At that time, the respondent had shown the copy of the judgment and decree whereby the marriage was dissolved. Thereafter, the applicant made inquiry. However, by that time the limitation for filing the appeal had expired.

4] The notice of this application was served on respondent by paper publication. But, the respondent has not appeared despite service of notice.

5] With the assistance of the learned Advocate for the applicant, we have gone through the record. On going through the record particularly the reasons stated in the application we do not see any reason to disbelieve the contention of the applicant. In our opinion, in order to meet the ends of justice it would be just and proper to condone the delay. Accordingly, the application is allowed. The delay of 709 days caused in filing the appeal is hereby condoned.

The civil application stands disposed of.

7.cao.643.2019.odt

FAMILY COURT APPEAL (ST. ) NO. 1224 OF 2019.

Issue notice for final disposal to the respondent, returnable within four weeks.

Call for record and proceedings.

CIVIL APPLICATION (CAO) NO. 644 OF 2021 IN FAMILY COURT APPEAL (ST.) NO. 1224 OF 2019.

Issue notice to the respondent, returnable within four weeks.

                                           JUDGE                                     JUDGE




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