1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 852 OF 2007 IN FIRST APPEAL ST. NO. 8016 OF 2007 Ravindra Ramdas Dharpal vs. Jyotsna Ravindra Dharpal Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. FEBRUARY 01, 2008. By this Misc. Civil Application, prayer is to restore First Appeal Stamp No. 8016 of 2007 which came to be dismissed for non removal of office objection as the application for condonation of delay was not filed. Shri De, learned counsel for the appellant states that application for condonation of delay is now ready with him. He further states that First Appeal filed is under Section 19 of Family Courts Act and because of amended period of limitation provided under Section 28 of Hindu Marriage Act, the appellant was misled and he was under the impression that the appeal as filed by him was within limitation. The matter was heard on 25.1.2008 and the application was being opposed by Ms. 2 Udeshi, learned counsel appearing for the respondent – wife. However, considering the fact that it was First Appeal and the circumstances in which it is dismissed, the applicant was called upon to show his bonafide by offering some amount towards arrears of maintenance. Today Shir De, learned counsel has filed pursis signed by the applicant mentioning that the applicant is ready and willing to deposit Rs.10,000/- within a period of 15 days towards the arrears of maintenance. Ms. Udeshi, learned counsel, points out that amount of Rs.10,000/- is being offered as satisfaction of all past arrears and outstanding. Shri De, however, clarifies that that is not the correct reading of pursis and liability of applicant/ appellant can be worked out in accordance with law while considering the appeal on merits. He states that the amount being offered is provisional only to show bonafide on the part of the applicant and subject to further orders in this respect. In the circumstances, Misc. Civil Application is allowed. The order dated 3 10.7.2007 rejecting registration in rejected First Appeal No. 492 of 2007 is hereby recalled. Said First Appeal is restored back to file subject to present applicant depositing with the registry of this Court an amount of Rs.10,000/- within a period of two weeks. If the amount is so paid, the office to register First Appeal and to permit the applicant/ appellant to present application for condonation of delay. If the amount is deposited, the respondent – wife is at liberty to withdraw the amount deposited. The withdrawal shall not prejudice the rights of the respondent to claim arrears as per law. JUDGE *GS.