.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 342 OF 2008 IN FAMILY COURT APPEAL (S) NO. 27476 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.Vijay Gharat for the applicant. CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ. DATE : 17TH MARCH 2009 P.C. P.C. P.C. : . Heard Mr.Gharat, the learned counsel for the applicant. . The applicant has filed Family Court Appeal under stamp No.27476 of 2008 but belatedly and hence this application for condonation of delay. . As per the office note, the appeal is beyond time by 66 days. We had issued notice to the respondent on 5th January 2009 and despite service of the notice, - 2 - the respondent has not caused her appearance either in person or through an advocate and even otherwise, there is no reply filed by the respondent opposing this application. The applicant is the husband and we are satisfied that the delay caused in filing the appeal deserves to be condoned, for the reasons set out in paragraph 2 of the application. . Hence, the application is allowed in terms of prayer clause (a). . Appeal be listed for admission on 6th April 2009 and in the meanwhile, the appellant husband undertakes to clear the arrears of maintenance by depositing either with the Registry of this Court or with the Family Court. (D.G. KARNIK, J.) (B.H. MARLAPALLE, J.)