Sushmit Sunilkumar Roy vs Anindita Mukerji D/O Chandan Mukerji ...
2024 Latest Caselaw 1512 Guj

Gujarat High Court

Sushmit Sunilkumar Roy vs Anindita Mukerji D/O Chandan Mukerji ... on 19 February, 2024

Author: Biren Vaishnav

Bench: Biren Vaishnav

                                                                                     NEUTRAL CITATION




       C/CA/1405/2023                                ORDER DATED: 19/02/2024

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 1405 of
                                2023

                        In F/FIRST APPEAL NO. 24545 of 2023

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                     SUSHMIT SUNILKUMAR ROY
                               Versus
       ANINDITA MUKERJI D/O CHANDAN MUKERJI AND W/O SUSHMIT
                          SUNILKUMAR ROY
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Appearance:
MS SRUSHTI A THULA(5014) for the Applicant(s) No. 1
PRATEEK S BHATIA(8629) for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV
           and
           HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                 Date : 19/02/2024

                         ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

1. Heard learned advocate Ms. Srushti A. Thula for the applicant

and learned advocate Mr. Prateek S. Bhatia for the respondent.

2. This is an application under Section 5 of the Limitation Act for

condonation of delay of 231 days caused in filing the First Appeal. The

appeal pertains to the custody of minor child, which by the judgment

under challenge in the First Appeal, has been rejected.

3. Learned advocate Mr. Prateek S. Bhatia for the respondent

would vehemently opposes the application for condonation of delay

NEUTRAL CITATION

C/CA/1405/2023 ORDER DATED: 19/02/2024

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on the ground that the appellant was aware of the proceedings

inasmuch as, by common order under challenge the proceedings for

restitution of conjugal rights, proceedings under divorce and the

custody proceedings were decided. The appellant was aware of such

proceedings as early as when the contempt proceedings were taken

up and therefore, there is no genuine ground on which the delay be

condoned.

4. Having heard the learned advocates appearing for the

respective parties, we are of the opinion that, in order to resolve the

issue even with regard to custody when the appeals at the hands of

the respondent challenging the divorce proceedings and proceedings

for restitution of conjugal rights are admitted, delay in filing the

appeal is condoned.

5. The Civil Application is allowed and stands disposed of. Rule is

made absolute.

6. The First Appeal be listed for admission hearing on 04.03.2024.

(BIREN VAISHNAV, J)

(NISHA M. THAKORE,J) SUYASH SRIVASTAVA