FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. CIVIL APPLICATION NO.13500 OF 2008. IN FAMILY COUSRT APPEAL St.NO.25091 OF 2008. ___________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|___________________________________ We heard learned Counsel Smt. C.E. Gaikwad for the applicant. Respondent is absent though served. This application seeks condonation of delay of 140 days caused in filing the appeal in this Court. There is no dispute that the present applicant – husband had filed an application for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The said application was dismissed on merits. Explanation of delay is pleaded in paragraph 3 of the application. Respondent despite service did not file reply controverting the facts alleged in the application. We are satisfied that the explanation given for delay is satisfactory and acceptable. Delay in filing appeal stands condoned. Civil Application is allowed and disposed of. [S.S. SHINDE, J] [S.B. DESHMUKH, J] 12.06.2009. PLK/#