1 cam.100-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.100 OF 2011 IN FAMILY COURT APPEAL ST.NO. 13268 OF 2011 Varsha Ramesh Panchal ..Applicant. Vs. Ramesh Jethalal Panchal ..Respondent. ----- Ms. Kumud A. Bhatia, for the Applicant. Mr. S.S. Gokhale, for the Respondent. ---- CORAM: D.B. BHOSALE & M.L. TAHALIYANI, JJ. DATED : OCTOBER 19, 2011. P.C.: 1. Heard learned counsel for the parties. 2. By this civil application, the applicant-wife has prayed for condoning long delay of five years in filing the appeal. The appeal is directed against an ex-parte decree of divorce on the ground of cruelty. 3. We have perused the civil application so also the reply affidavit filed by the respondent-husband. 4. The applicant-wife, in paragraphs 5 to 9 of the application, has 2 cam.100-2011 stated the circumstances in which, according to her, the respondent- husband made her to believe that he was not prosecuting the petition for divorce further against the petitioner and that he would withdraw the said petition pending before the Family Court. She has further stated that she believed her husband because they continued to stay together thereafter under one roof. 5. There is no dispute that as of today the applicant and the respondent are staying in the same flat. Learned counsel for the respondent-husband has also fairly submitted that after the decree of divorce, the respondent is residing in same flat. 6. We have also perused the reply affidavit filed by the respondent-husband, and we have noticed that the statements made on affidavit are only in the form of denial. The submissions advanced by learned counsel for the respondent-husband that she was aware about pendency of the proceedings and that she was told by the counseler to file the written statement and contest the petition, do not find place in the reply affidavit. 7. We are satisfied for the reasons stated in paragraphs 5 to 9 of the civil application that the delay in filing the appeal deserves to be condoned. We are also not ready to accede to the submission that the 3 cam.100-2011 settlement may be possible only if the delay application is kept pending. The civil application is accordingly allowed in terms of prayer clause (a). 8. Appeal to come for admission after six weeks. 9. In the meanwhile, it is open to the parties to continue their settlement talks, if they so desire. (M.L. TAHALIYANI, J.) ( D.B. BHOSALE, J.)