Arun Nagorao Pawar vs Durga Arun Pawar
2022 Latest Caselaw 6805 Bom

                                                                                                50-WP4002.22.odt
                                                            1/2



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

                            WRIT PETITION NO. 4002 OF                                2022
                                    Arun Nagorao Pawar
                                           -Vs.-
                                     Durga Arun Pawar
  ----------------------------------------------------------------------------------------------------------------------
Office notes, Office Memoranda of
Coram, appearances, Court's orders                                     Court's or Judge's Orders.
or directions and Registrar's orders.
  ----------------------------------------------------------------------------------------------------------------------
                                        Mr. R.S.Kurekar, counsel for the petitioner.



                                                CORAM : MANISH PITALE, J.

DATE : 18.07.2022

Heard the learned counsel for the petitioner.

2. By this writ petition, the petitioner has challenged order dated 08/03/2022, passed by the Court of District Judge-3, Akola, whereby an application for condonation of delay of 50 days in filing appeal has been allowed, subject to payment of costs of Rs.500/-.

3. By judgment and order dated 13/06/2019, the Court of Civil Judge, Senior Division, Akola allowed Hindu marriage petition filed by the petitioner for grant of divorce thereby dissolving the marriage between the parties.

4. Against the said decree, the respondent had filed appeal along with an application for condonation of delay of 50 days, explaining the reasons why she could not approach the Appellate Court within the prescribed period of limitation.

KHUNTE 50-WP4002.22.odt

5. According to the learned counsel appearing for the petitioner, the respondent had failed to demonstrate sufficient cause for condonation of delay and yet the impugned order was passed in her favour.

6. A perusal of the impugned order shows that the reasons stated in the application were considered and after applying it's mind the Court below reached to a considered conclusion that sufficient cause was indeed demonstrated by the respondent while seeking condonation of delay of only 50 days.

7. It is settled that when an inferior Court has condoned delay by reaching findings based on proper appreciation of material on record, the writ Court would be rather slow in interfering in such orders.

8. This Court is convinced that no interference is warranted in the impugned order. Accordingly, the writ petition is dismissed. No order as to costs.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:20.07.2022 10:53

KHUNTE