Court allowed condonation of 39 days delay in appeal and disposed of an application. It also dismissed a Family Court Appeal as infructuous following withdrawal of underlying matrimonial proceedings.
Condoned delay of 39 days to present appeal. Family Court Appeal permitted to be withdrawn and disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ca439815.odt
{1}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4398 OF 2015 IN FAMILY COURT APPEAL ST.NO.9595 OF 2015
Swati w/o Sumit Deshmukh
Applicant
Versus
Sumit s/o Arvind Deshmukh
Respondent
Ms. S.L.Awchar, advocate for the applicant.
CORAM : R.M.BORDE &
P.R.BORA, JJ. DATE : 13th October, 2015
PER COURT:
This is an application seeking condonation of delay of 39 days occurred in presenting the appeal.
Heard. For the reasons recorded in the application, application deserves to be allowed and same is accordingly allowed. Delay occurred in presenting the appeal stands condoned.
Civil Application stands disposed of.
P.R.BORA R.M.BORDE JUDGE JUDGE
adb/ca439815
ca439815.odt
{2}
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD FAMILY COURT APPEAL ST.NO.9595 OF 2015
Swati w/o Sumit Deshmukh
Appellant
Versus
Sumit s/o Arvind Deshmukh
Respondent
Ms. S.L.Awchar, advocate for the appellant.
CORAM : R.M.BORDE &
P.R.BORA, JJ. DATE : 13th October, 2015
PER COURT:
Learned Counsel appearing for the appellant informs that the proceedings bearing H.M.P. No.320 of 2012, initiated by the appellant before the Family Court, claiming restitution of conjugal rights, has been withdrawn. As such, instant appeal, which arises out of the interim order passed in the said proceedings, is rendered infructuous.
Instant Family Court Appeal is permitted to be withdrawn at the request of learned Counsel for the appellant and disposed of as such.
P.R.BORA R.M.BORDE JUDGE JUDGE
R.M.BORDE
adb/ca439815
2 issues framed by the court
Whether to condone the delay of 39 days in filing the appeal.
Whether the appeal is rendered infructuous due to withdrawal of underlying family proceedings.
Swati w/o Sumit Deshmukh
Sumit s/o Arvind Deshmukh
R.M. Borde
P.R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
