Allowed

Sonal Hemendra Patel v. Hemendra Ganeshbhai Patel

Bombay HC11 Jan 2011CAM/309/2010

Case brief

AI extract

What is this about?

This High Court allowed an application to condone delay in filing a family court appeal. The court found sufficient cause was shown based on the applicant's affidavit and applied the principle from P.K. Ramachandran v. State of Kerala.

What did the court decide?

Condonation of delay in filing appeal; direction to registry to register and hear the appeal along with the connected appeal filed by the respondent.

Sonal Hemendra Patel Vs Hemendra Ganeshbhai… — Civil Procedure and Limitation | Bombay HC (2011)

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cam-309.10

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO. 309 OF 2010

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IN

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FAMILY COURT APPEAL (ST.) NO. 27864 OF 2010

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Sonal Hemendra Patel.

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... Applicant.

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V/s.

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Hemendra Ganeshbhai Patel.... Respondent.

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Jayprakash J. Saxena with Narayan B. Suvarna
i/b. S.Phatak & Co. for the applicant.

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Vagish Mishra i/b. Bhandary & Bhandary
for the respondent.

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CORAM : V.C.DAGA AND R.G.KETKAR, JJ. DATED : 11^th January 2011.

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P.C. :

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Heard learned counsel for the rival parties.
Perused civil application and appeal.

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2.By this application, the appellant- wife is
seeking condonation of delay in filing appeal. This
application is opposed by the learned counsel for the
respondent- husband contending that no sufficient cause is
shown. Reliance placed by learned counsel for the

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cam-309.10

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respondent on the judgment of the Supreme Court in the case
of P.K.Ramachandran v. State of Kerala, AIR 1998 SC 2276,
requires the Court to record its satisfaction in the event
of inordinate delay. Having gone through the reasons
given, we are satisfied that sufficient cause is shown and,
consequently, the case for condonation of delay is made
out. The reasons stated in the civil application supported
by affidavit are sufficient to condone delay.

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3.The appeal filed by the respondent- husband is
already on board. In that view of the matter, it would be
in the interest of justice to hear both appeals together.

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4.Thus, having recorded our satisfaction, the delay
in filing appeal is condoned. Registry is directed to
register appeal and place it along with connected appeal
for admission.

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5.Civil application is disposed of in terms of this
order with no order as to costs.

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 (R.G.KETKAR, J.) (V.C.DAGA, J.)

Sonal Hemendra Patel v. Hemendra Ganeshbhai Patel

Case brief

What is this about?

What did the court decide?

Sonal Hemendra Patel v. Hemendra Ganeshbhai Patel

Case brief

What is this about?

What did the court decide?

What the court decided

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