Allowed

Dr. Sumesh Shamrao Kamble v. Kumudini Sumesh Kamble

Bombay HC2 Nov 2007CAM/300/2007

Case brief

AI extract

What is this about?

The High Court allowed condonation of delay in filing an appeal contingent upon payment of costs and an undertaking to pay further maintenance. Stay of family court execution was granted until a specified date.

What did the court decide?

Allowed condonation of delay, imposed payment conditions (Rs. 2000 cost, Rs. 10000 expenses, undertaking for Rs. 25000), and granted stay of execution proceedings.

Dr. Sumesh Shamrao Kamble Vs Kumudini Sumesh Kamble — Service and Employment | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 300 OF 2007

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IN

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 FAMILY COURT APPEAL ST. NO. 23197 OF 2007

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 Dr. Sumesh Shamrao Kamble. .. Applicant.

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vs.

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 Kumudini Sumesh Kamble. .. Respondent.

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 Mr. Atul B. Deshkar for Applicant.

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 Mrs. Kumudini Sumesh Kamble respondent in person.

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CORAM: J.N. PATEL &

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 A.A. SAYED, JJ.

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 DATE: 2ND NOVEMBER, 2007.

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 P.C.

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 . The applicant is present with his advocate.
 The respondent-wife is present with the child.

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 2. Heard. The learned counsel for the applicant

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 submits that the application for condonation of delay
 be allowed as the impugned order is passed ex-parte and
 he did not get an opportunity to contest the matter and
 was required to suffer three months of imprisonment in

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 default of non-compliance of the orders of the Family
 Court in paying maintenance.

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 3. On the applicant-husband paying to the

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 respondent-wife a sum of Rs. 2000/- as cost and Rs.
 10,000/- as initial expenses towards litigation by
 tomorrow i.e. 3rd November, 2007, the application for
 condonation of delay is allowed.

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 4. The learned counsel for the applicant further

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 makes a statement that the applicant will give an
 undertaking to this effect and also a further
 undertaking that he will pay a sum of Rs. 25,000/-
 within two weeks to the respondent-wife. On such
 undertaking being filed, there will be stay of
 execution proceedings in the Family Court till
 28.11.2007. The Family Court Appeal be listed before
 the Court on 28.11.2007 for admission and further
 orders. The undertaking be filed today itself. The
 Court accepts the undertaking given by the
 applicant-husband. It is made clear that if the
 applicant commits breach of the undertaking, in
 addition to suffering the consequences of not complying
 with the undertaking, the application for condonation
 of delay will stand rejected without any further
 reference to Court and the Family Court would be at

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 liberty to proceed with the execution proceedings.

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 (J.N. Patel, J. )

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 (A.A. Sayed, J. )

Dr. Sumesh Shamrao Kamble v. Kumudini Sumesh Kamble

Case brief

What is this about?

What did the court decide?

Dr. Sumesh Shamrao Kamble v. Kumudini Sumesh Kamble

Case brief

What is this about?

What did the court decide?

What the court decided

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