1 srk FARAD CONTINUATION SHEET APPELLATE SIDE Civil Application No.24 of 2009 In Family Court Appeal Stamp No.2007 of 2009 ------------------------------------------------------------ Office Notes, Office Memoranda Court’s or Judge’s orders of Coram, appearance, Court’s orders or directions and Registrar’s orders ------------------------------------------------------------ Ms.Ketki Datar for applicant. Mr.S.N.Bulbule for respondent. CORAM: B.H.MARLAPALLE &. D.G.KARNIK,JJ. March 13, 2009. P.C. . Heard Ms.Ketki Datar, the learned counsel for the applicant and Mr.Bulbule, learned counsel for the respondent. . The applicant has filed Family Court Appeal under Stamp No.2007 of 2009 but belatedly and hence this application for condonation of delay. 2 . As per the office note the appeal filed by the applicant is beyond time by 18 days. The respondent has filed affidavit-in-reply and opposed the application. The respondent contends that the appeal is beyond time by 38 days. Admittedly the decree of divorce has been passed on 6/9/2008 and on 4/10/2008 an application was presented on behalf of the appellant before the Family Court to stay the decree of divorce. The respondent submitted his say to this application by giving an undertaking that he would not remarry till the appeal period is over. In the affidavit-in-reply the respondent does not say that he is remarried in the mean while on expiry of the appeal period. . In any case we are satisfied that there is no inordinate delay in filing the appeal and the delay deserves to be condoned. . Hence the application is allowed 3 in terms of prayer clause (a). . List the appeal for admission on 20th March 2009. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)