The High Court allowed a civil application for condonation of delay in filing a family court appeal. The court accepted the applicant's explanation of illness and financial difficulties as sufficient cause.
Condonsed 57 days' delay in filing the appeal and directed placement of the appeal for admission.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.86 OF 2005
IN
FAMILY COURT APPEAL ST. NO.7574 OF 2005
Mrs.Sujata Sandeep Palekar ..Applicant
Vs.
Mr.Sandeep Yashwant Palekar ..Respondent
Mr.Shrishail Sakhare for Applicant
None for Respondent.
...
CORAM: DR.S.RADHAKRISHNAN AND
SMT.V.K.TAHILRAMANI,JJ.
DATE : NOVEMBER 29,2005
P.C.
1. Heard the learned counsel for the Applicant.
No one is present for Respondent though affidavit
in reply has been filed.
2. By this Civil Application, the Applicant is
seeking condonation of 57 days’ delay in filing the
above Appeal. In para No.3 of the Application, the
Applicant has categorically stated that she was
suffering from ‘Infective Hepatitis’ and she was
advised to take complete bed rest. Over and above,
the Applicant had to make arrangements for money to
file the above Appeal. In these circumstances, the
delay has occurred. Having regard to the facts and
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circumstances of this case, sufficient cause has
been made out for condonation of delay. There is
no case of inaction, negligence or want of
bonafide. Civil Application is made absolute in
terms of prayer clause (a).
2. Place the above Appeal on board for admission
on 12.12.2005.
[DR.S.RADHAKRISHNAN, J.]
[SMT.V.K.TAHILRAMANI,J.]
1 issue framed by the court
Whether sufficient cause was made out to condone a 57-day delay in filing a family court appeal.
Mrs.Sujata Sandeep Palekar
Mr.Sandeep Yashwant Palekar
DR.S.RADHAKRISHNAN
SMT.V.K.TAHILRAMANI
As recorded by the court registry
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