Delay condonation application in a Family Court Appeal. The court computed that after deducting 90 days of limitation and 43 days for preparing the certified copy, the appeal was filed within time, so the delay application did not survive and was disposed of accordingly.
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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 18275 OF 2023 IN FAMILY COURT APPEAL (ST) NO. 30750 OF 2023
Office Notes, Office Memoranda of Coram, Court’s or Judge’s order appearance, Court’s Orders or directions and Registrar’s orders
--------------------------------------------------------------------------------------------------------------CORAM : SHRI S. R. AGRAWAL REGISTRAR (JUDL -II)
DATE : 23/01/2024
Adv Ashwin Pimpale i/by Ad. Drupad Patil present fo Applicant
Office remark discloses that aforesaid Family Court Appeal is filed in time. i.e. this Appeal is filed on 04/11/2023 against judgment of the lower Court dt. 11/08/2023. This period is of 85 days i.e. from 11/08/2023 to 04/11/2023. Application was made for certified copy on 16/08/2023 and the same certified copy was ready on 27/09/2023. Hence, total period is 43 days for getting certified copy and days of limitation are 90 days. Hence minusing 133 days i.e. 43 days of getting certified copy + 90 days of limitation of Appeal from 85 days remains minus 48 days. It means that aforesaid Family Court Appeal is filed in time and there is no delay and the learned Advocate for Applicant has inadvertently filed it. Hence, this Interim Application No. 18275 of 2023 filed for condonation of delay does not survive and disposed of accordingly.
sat-R(J-II)-23.01.2024
1 issue framed by the court
Whether the Family Court Appeal filed 85 days after the impugned judgment is within time after excluding the period for obtaining the certified copy.
S. R. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
