Bombay High Court
Pramod Shankarrao Sawant vs Sujata Pramod Sawant on 1 February, 2023
Bench: Mangesh S. Patil, S. G. Chapalgaonkar
CA-898-2022-F.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.898 OF 2022
IN
FAMILY COURT APPEAL (ST) NO.17284/2021
Pramod S/o Shankarrao Sawant
Aged: 37 years, Occu: Service
R/o Kalyannagar, Nanded,
At present Survey No.82,
Behind Bhairoba Temple,
Hadapsar, Pune ... Petitioner
Versus
Sujata W/o Pramod Sawant
Aged: 34 years, Occ: Household
& Private Service,
R/o C/o Pandurang Dawane,
Ashirwadnagar, Pivil Girni,
Nanded, Tq. & Dist. Nanded ... Respondent
...
Mr. S. M. Kamble, Advocate for the Applicant
Mr. G. G. Suryawanshi, Advocate for Respondent
...
CORAM : MANGESH S. PATIL &
S. G. CHAPALGAONKAR, JJ.
Reserved on : 23.01.2023
Pronounced on : 01.02.2023
ORDER : [ PER S. G. CHAPALGAONKAR, J. ]
1. The present Civil Application is filed seeking to condone the delay
of 296 days caused in filing the Family Court Appeal under the provisions of
Section 19 of the Family Courts Act, 1984 [hereinafter referred to as 'the Act'
for short]. The applicant seeks to challenge the judgment and order dated
18.02.2019, passed by the Family Court, Nanded in Petition No.C-4 of 2017.
CA-898-2022-F.doc
2. It appears that an application for certified copy was filed on
18.02.2020 and the copy is delivered on 24.02.2020. The applicant had,
thereafter, filed Civil Revision Application No.73 of 2019 on 13.03.2019 before
this Court and the same has been withdrawn with liberty to file an appeal on
31.01.2020. The appeal with present Civil Application is filed on 26.02.2021.
3. The applicant states that the delay caused in filing the appeal is
not intentional. As advised to him, he had initially filed the Civil Revision
Application challenging the judgment and order of the Family Court. However,
the said application has been withdrawn with liberty to file the appeal. It is the
case of the applicant that after withdrawal of the Civil Revision Application, he
was again advised to obtain the certified copy of the judgment passed by the
Family Court. He made such arrangements and some time was consumed in
obtaining the certified copy.
4. The respondent filed an affidavit-in-reply and opposed the prayers
in the application. It is submitted that the delay of 296 days is not properly
explained. The applicant has received certified copy on 24.02.2020, however,
the appeal along with this application is filed on 08.07.2021. As such, there is
an inordinate delay, which cannot be condoned.
5. We have heard the learned advocates appearing for respective
parties. It appears that the applicant had challenged the judgment and order
passed by the Family Court by filing Civil Revision Application No.73 of 2019,
which was presented on 13.03.2019 i.e. within the period of 30 days from the
date of the order. However, after noticing that he is prosecuting the wrong
remedy, withdrewn the Civil Revision Application with liberty to file the appeal.
CA-898-2022-F.doc
The order dated 31.01.2020 permits him withdrawal of the Civil Revision
Application with liberty to file the appeal which is placed on record before us.
6. The Supreme Court of India excluded Covid-19 period from
15.03.2020 to 28.02.2022 in computing the period of limitation vide order
dated 10.01.2022 passed in Miscellaneous Application No. 21 of 2022, in
Miscellaneous Application No. 665 of 2021 in Suo-Motu Writ Petition (C) No.3
of 2020. The present Civil Application appears to have been filed on
06.04.2021 during the period that has been excluded in computing the
limitation period.
7. Taking into account the aforesaid factual aspects, the delay of 296
days is properly explained and will have to be condoned. Hence, the Civil
Application is allowed.
8. The delay of 296 days caused in filing the appeal against the
judgment and order dated 18.02.2019, passed by the Family Court, Nanded in
Petition No.C-4 of 2017 is condoned.
9. Appeal be registered.
10. On registration, the appeal be posted for admission.
(S. G. CHAPALGAONKAR, J.) (MANGESH S. PATIL, J.)
Sameer
