Allowed

Mr. Pushkar Rajeev Kale Thr.Poa Rajeev Vasant Kale v. Mrs. Jayashree Pushkar Kale

Bombay HC5 Jul 2019CAM/213/2019

Case brief

AI extract

What is this about?

Applicant sought condonation of delay in filing paperbook and restoration of the First Appeal. Court allowed amendment to prayer, restored the appeal, condoned delay, and accepted undertaking regarding maintenance arrears.

What did the court decide?

Civil Application allowed; First Appeal restored; delay of 212 days in filing paperbook condoned.

Mr. Pushkar Rajeev Kale Thr.Poa Rajeev Vasant Kale Vs… — Maintenance and Alimony | Bombay HC (2019)

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Sherla V.

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camst.12868.2019_10_.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION st. NO.12868 OF 2019 IN FAMILY COURT APPEAL NO.10 OF 2018

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Pushkar Rajiv Kale … Applicant through POA Rajiv Vasant Kale Vs Jayashree kale … Respondent

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Mr.Abhijit Sarwate for the Applicant Mr.V.R. Kasle i/b Mr.S.V. Khandagale for the Respondent

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CORAM: AKIL KURESHI &

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S.J. KATHAWALLA, JJ.

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DATED: JULY 5, 2019

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P.C.:

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The above Civil Application is taken out by the applicant – husband seeking condonation of delay of 212 days in filing the paperbook, as directed by this Court by its order dated 24.2.2018. The learned Counsel appearing for the applicant submitted that in fact, the paperbook is served on the advocate for the respondent as far back as in the year 2017. However, the paperbook remained on the file in Court office. The learned advocate for the applicant also submitted that after the Civil Application was filed, the office has dismissed his appeal on the ground that the

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Page 1 of 2

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camst.12868.2019_10_.doc

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paperbook is not filed and the delay is not condoned. In the circumstances, we pass the following order:

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i) The advocate for the applicant is allowed to amend the Civil Application and add the relief seeking restoration of the First Appeal;

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ii) The First Appeal is restored to file. iii) The delay of 212 days in filing the paperbook stands condoned.

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The advocate for the respondent has submitted that the applicant has not paid the maintainance as directed by the Family Court and there are substantial arrears. The learned advocate appearing for the applicant states that as on date there are no arrears of maintenance and all the arrears have been cleared in view of the execution proceedings taken out by the respondent. He states that if there are any arrears, the same shall be cleared within a period of one week from today. The statement is accepted as an undertaking given to this Court.

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Civil Application is accordingly disposed of.

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(S.J. KATHAWALLA, J.) (AKIL KURESHI, J.)

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Page 2 of 2

Mr. Pushkar Rajeev Kale Thr.Poa Rajeev Vasant Kale v. Mrs. Jayashree Pushkar Kale

Case brief

What is this about?

What did the court decide?

Mr. Pushkar Rajeev Kale Thr.Poa Rajeev Vasant Kale v. Mrs. Jayashree Pushkar Kale

Case brief

What is this about?

What did the court decide?

What the court decided

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