Prashant Khandu Narawade S/O. Late Khandu Goving Narawade v. Snehal Prashant Narawade @ Snehal Shirish Suryavanshi

Bombay HC17 Jan 2025IA/7708/2024

Case brief

AI extract

What is this about?

Condonation of delay 60 days; Family Court Appeal (St.) No. 35197 of 2023; Interim Application No. 7708 of 2024; Bombay High Court; bench G. S. Kulkarni & Advait M. Sethna, JJ.; order dated 17 January 2025; respondent served — notices/orders dated 26 July 2024 and 6 December 2024; affidavit of service; no reply filed; interim application allowed in terms of prayer clause (a); admission listing 7 February 2025; private notice by all permissible modes.

What did the court decide?

Condonation of delay of 60 days in filing the Family Court Appeal, granted in terms of prayer clause (a); the appeal is to be listed for admission on 7 February 2025. ¶¶19

Prashant Khandu Narawade S/O. Late Khandu Goving Narawade vs Snehal Prashant Narawade @ Snehal Shirish Suryavanshi — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Condonation of delay of 60 days in filing the Family Court Appeal, granted in terms of prayer clause (a); the appeal is to be listed for admission on 7 February 2025.

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Issue for consideration

Whether the delay of 60 days in filing Family Court Appeal (St.) No. 35197 of 2023 ought to be condoned, as prayed in prayer clause (a) of the interim application.

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Court's answer

The Court found that the respondent stood served, as noticed in the order dated 6 December 2024 passed by a coordinate Bench, pursuant to notice issued by order dated 26 July 2024.

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Ratio / Principle

No reply in opposition to the interim application had been filed on behalf of the respondents.

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Key takeaways

The Court allowed the interim application in terms of prayer clause (a), thereby granting condonation of the delay of 60 days in filing the Family Court Appeal.ratio¶¶19
The appeal was directed to be listed for admission on 7 February 2025, and the matter was ordered to stand over to that date.ratio¶¶20
The advocate for the appellant was permitted to serve the respondent a private notice by all permissible modes intimating the adjourned date of the proceedings, and a copy of the order was also to be forwarded to the respondents alongwith the advocate's notice.ratio

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (G. S. Kulkarni & Advait M. Sethna, JJ.), 17 January 2025, in Interim Application No. 7708 of 2024 in Family Court Appeal (St.) No. 35197 of 2023 (Prashant Khandu Narawade v. Snehal Prashant Narawade @ Snehal Shirish Suryavanshi). The applicant/appellant sought condonation of a 60-day delay in filing the Family Court Appeal. Noting that the respondent had been served — notice having been issued by a coordinate Bench on 26 July 2024, service recorded in the coordinate Bench order dated 6 December 2024, with an affidavit of service regarding permitted private service on record — and that no reply in opposition had been filed, the Court allowed the interim application in terms of prayer clause (a), condoning the delay. The appeal was directed to be listed for admission on 7 February 2025, with liberty to the appellant's advocate to serve the respondent a private notice of the adjourned date by all permissible modes and with a copy of the order to be forwarded to the respondents with the advocate's notice.

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19-IA-7708-2024.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 7708 OF 2024 IN

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FAMILY COURT APPEAL (St.) NO. 35197 OF 2023

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Prashant Khandu Narawade S/o. Late Khandu Govind Narawade ...Applicant Versus Snehal Prashant Narawade @ Snehal Shirish Suryavanshi ...Respondent

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Ms. Shalaka Karkar i/b Siddi Vidya & Associates for Applicant. Mr. Suresh Kumar / Mr. Akhileshwar Sharma for Respondents.

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CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

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DATE: 17 JANUARY 2025

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P.C.

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We have heard learned counsel for the appellant/Applicant on this interim application which prays for condonation of delay of 60 days in filing the aforesaid Family Court Appeal.

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We have perused the averments as made in the application. A coordinate Bench of this Court had issued a notice to the respondent by order dated 26 July 2024. It appears that the respondent is served, as noticed in the subsequent order dated 6 December 2024 passed by a coordinate Bench of this Court. This apart there is also an affidavit of service, setting out the steps

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taken qua the private service as permitted by the Court vide order dated 6

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Page 1 of 2 17 January 2025

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Kiran Kawre

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19-IA-7708-2024.DOC

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December 2024. No reply in opposition of this interim application has been

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filed, on behalf of the respondent's.