Bombay High Court
BALASAHEB S/O. PUNJAJI JAGTAP.versusVARSHA W/O. BALASAHEB JAGTAP.
- Disposal
- DISPOSED OFF
Holding
The application for condonation of delay was dismissed as the appeal was filed within time.
Summary
The appellant filed a civil application seeking condonation of delay in filing a Family Court appeal, alleging the appeal was filed late. The court examined the office remark, which indicated that the appeal had actually been filed within the prescribed time limit. Consequently, the court found no basis for condonation. The application for condonation of delay was therefore dismissed. The court issued a notice to the respondents, with a return date set for September 30, 2026, and the respondent's counsel waived service of notice. The record of proceedings was then called.
Issues considered
- Whether the Family Court appeal was filed within the time limit and thus requires condonation of delay
Subjects
- Family Court appeal
- condonation of delay
- Civil Procedure Code
- timeliness of appeal
- court application
Judgment
2026:BHC-AUG:40398-DB
927 FAMILY COURT APPEAL NO. 43 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
927 FAMILY COURT APPEAL NO. 43 OF 2026
Balasaheb S/o. Punjaji Jagtap
Versus
Varsha W/o. Balasaheb Jagtap
__________________________________________________________
Adv. Ashtekar Raviprasad K. for Appellant
Adv. Sanket A. Sonawane h/f. Adv. Abhinay D. Khot for
Respondent/Caveator
__________________________________________________________
WITH CIVIL APPLICATION NO. 9965 OF 2026
IN FCA/43/2026
...
CORAM : SANDIPKUMAR C. MORE AND
VAISHALI PATIL-JADHAV, JJ.
DATE : SEPTEMBER 02, 2026
PER COURT :
Civil Application No. 9965 Of 2026 :
1) The present Civil Application is filed to condone
the delay in filing the Family Court Appeal. However, the
office remark shows that the appeal is filed within time.
2) As such, the application for condonation of
delay stands disposed of.
Family Court Appeal No. 43 Of 2026
3) Heard.
4) Issue notice to the respondents, returnable
on 30.09.2026. Learned advocate Mr. Sonawane holding
for learned counsel Mr. A. D. Khot waives service for
Respondent – Wife.
5) Call 'Record & Proceedings'.
(VAISHALI PATIL-JADHAV) (SANDIPKUMAR C. MORE)
JUDGE JUDGE
Komal Kamble Page| 1 of 1
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