Sarang Balbhim Waghmare vs Vaibhavi Sarang Waghmare
2024 Latest Caselaw 2417 Bom

Bombay High Court

Sarang Balbhim Waghmare vs Vaibhavi Sarang Waghmare on 25 January, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

   2024:BHC-AS:4262-DB


                                                                                     10 ia 5800-23.doc



                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION (ST.) NO. 5800 OF 2023
                                                          IN
                                        FAMILY COURT APPEAL (ST.) NO. 5799 OF 2023
LAXMI
SUBHASH
SONTAKKE
Digitally signed by
                      Sarang Balbhim Waghmare                                          .. Applicant
LAXMI SUBHASH
SONTAKKE
Date: 2024.01.30
11:14:27 +0530
                              Versus

                      Vaibhavi Sarang Waghmare                                         .. Respondent

                           Ms. Vishakha Shelar i/b. Suryajeet Chavan. for the Applicant.



                                                       CORAM         : B. P. COLABAWALLA &
                                                                      SOMASEKHAR SUNDARESAN, JJ.

                                                       DATE          : JANUARY 25, 2024

                      P. C.

1. The above Interim Application is filed seeking a condonation of

414 days delay in filing the above Appeal. From the record, it is clear that the

Respondent has been duly served. Despite service, none have appeared on

behalf of the Respondent and no reply is filed opposing the above Interim

Application.

2. What is challenged in the above Appeal is the Judgment and Order

date 25th February, 2020 passed by the Family Court at Bandra. Shortly after

JANUARY 25 2024 Laxmi

10 ia 5800-23.doc

passing the impugned order, there was a National Lockdown from 20 th March,

2020 for the Covid-19 Pandemic. The Appeal has been filed on 27 th February,

2023. Having perused the Interim Application, we are satisfied about the

explanation given therein for the delay. In these circumstances, the Interim

Application is allowed and the delay is condoned.

3. Considering that the delay is now condoned, the Registry is

directed to number the above Appeal subject to the Appellant removing all

other office objections within a period of two weeks from today, failing which,

the above Appeal shall stand dismissed without further reference to the Court.

4. The above Interim Application is accordingly disposed of. No

order as to costs.

5. This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by fax or

email of a digitally signed copy of this order.

[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]

JANUARY 25 2024 Laxmi