bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO. 180 OF 2006 WITH FAMILY COURT APPEAL (ST) NO. 17461 OF 2006 Abubakar Adam Ismail ... Applicant V/s Mrs. Mariam Abubakar Adam ... Respondent Mr. G.K. Karkera for the applicant. Ms. C.S. Savitri for the respondent. CORAM: CORAM: CORAM: S. B. MHASE & S. B. MHASE & S. B. MHASE & SMT. SMT. SMT. NISHITA MHATRE, JJ. NISHITA MHATRE, JJ. NISHITA MHATRE, JJ. DATED: DATED: DATED: 5TH MARCH, 2007. 5TH MARCH, 2007. 5TH MARCH, 2007. P.C. P.C. P.C.: 1. Heard both sides. 2. This is an application for condonation of delay. According to the applicant, there is a delay of 261 days. According to the respondent there is a delay of 554 days. We need not go into the delay condonation aspect, because what we find that the decree has been passed by consent. It has been stated in the order dated 6th December, 2004 passed in Petition No. B-81 of 2004 that the parties and their advocates present. It is further observed that both parties are agreeable for 2 a workable order in the petition and, therefore, the order was passed. Every where in the order passed it has been stated "by the consent of the parties" and at the bottom in the said order it is stated that both parties and their advocates agree with the entire petition is worked out under this order. Thus, we find that the order dated 6th December, 2004 was passed with the consent of the advocates and the parties on both sides. Section 19 sub-section (2) of Family Court Act of 1984 specifically provides that no appeal shall lie for a decree or order passed by the Family Court with the consent of the parties or from a order passed under Chapter IX of the Code of Civil Procedure, 1973 (2 of 1974). Thus, the sub-section (2) of Section 19 specifically states that appeal is not tenable as against the consent order and since the appeal itself is not tenable, we do not feel worthwhile to consider the delay condonation application. 3. Under the circumstances, the application for condonation of delay is rejected. 4. In view of rejection of the application for condonation of delay, the appeal does not survive and stands dismissed. 3 (SMT. NISHITA MHATRE, J.) (S.B. MHASE, J.)