: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.346 OF 2008 IN FAMILY COURT APPEAL (ST.) NO.27501 OF 2008 Bakul B.Sheth ....Applicant V/s. Mrs.Mrudula B. Sheth ....Respondent Mr.Jayesh Bhatt for the Applicant. Mr.S.A. Dhamale for the Respondent. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATED : 21ST APRIL, 2009. P.C. : 1. Heard Mr.Bhatt for the Applicant - husband and Mr.Dhamale for the Respondent - wife. Family Court Appeal (Stamp) No.27501 of 2008 has been filed belatedly and hence this application for condonation of delay. 2. As per the office note, the delay is for 204 days. The Respondent has not filed any affidavit opposing this application. In the explanation furnished in support of the prayer for condonation of delay,it is stated that the impugned order was passed on 10.12.2007 by the Family Court and he had approached to different advocates seeking advice so as : 2 : to challenge the said order. However, he got different opinions and therefore, there has been delay. He also states that the certified true copies of the proceedings were made available on 15.11.2008 as the papers were reportedly missing. We are, therefore, satisfied that the delay caused in filing of the appeal and considering the age of the applicant deserves to be condoned but by levying the costs. 3. Hence this application is allowed and the delay is condoned on the condition that the applicant shall pay to the Respondent a sum of Rs.2000/- towards the costs within two weeks from today. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)