1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.110 OF 2009 IN FAMILY COURT (ST.) NO.9143 2009 Smt. Kanchan Subhashrao Waghule ..Applicant. Vs. Shri Manik Gorakhnath Bankar ..Respondent. None for the Applicant. Mr.Abhijeet J. Kandarkar for the Respondent. CORAM : B.H. MARLAPALLE AND S.J. VAZIFDAR, JJ. DATED : 29TH JUNE, 2009 P.C. :- None appears for the Applicant. Heard Mr.Kandarkar, the learned counsel for the Respondent. 2. The Applicant has filed Family Court Appeal under Stamp No. 9143 of 2009 but beyond time by 116 days and hence this application for condonation of delay. The Respondent has filed affidavit in reply and opposed the application. 3. The Applicant’s daughter Suvarna was married to the 2 Respondent on 28.12.2003 at Alandi in Pune District. On 3.11.2004 daughter Manasi was born to the couple. Suvarna came to be hospitalized on 28.6.2006 and she died on 4.11.2006. In February, 2007 the Respondent filed Petition No.25 of 2007 before the Family Court for the custody of his minor daughter Manasi. The Applicant opposed the same by a written statement and the petition came to be allowed on 12.9.2008 and this Appeal has been filed on 6.4.2009. 4. The Applicant – mother-in-law, seeks to retain the custody of her grand daughter and, for the reasons stated in her application, we are satisfied that the delay caused in filing the Appeal deserves to be condoned. 5. Hence, the Application is allowed in terms of prayer clause (b). 6. Appeal be listed for admission on Friday, 3.7.2009. (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)