1 4011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 40 OF 2011 AND CIVIL APPLICATION NO. 41 OF 2011 IN FAMILY COURT APPEAL NO. 5287 OF 2011 Shashi Leekha ...Applicant V/s. Sheila Shashi Leekha ...Respondent Mr. Uday Warunjikar for the Applicant None for the Respondent CORAM: A.M. KHANWILKAR AND R.Y. GANOO, JJ. DATE: 30TH JUNE, 2011 P.C.:- In spite of service, none appears for the respondent. 2. Office has computed delay of one year and 26 days. That is, obviously, on the basis of the date of order and the date of presenting the appeal along with the application for condonation of delay. However, in the present case, it is noticed that immediately after 2 4011 the impugned order was passed on 25th March, 2009, the applicant, in the first place, filed writ petition on 8th May, 2009. The said writ petition, however, came to be disposed of, with liberty to the applicant to resort to remedy of appeal. That writ petition was disposed of on 10th February, 2011. Soon thereafter, the applicant has filed the present appeal on 22nd February, 2011. 3. The applicant is entitled to get benefit of pursuing remedy before the other forum by way of writ petition. If that period were to be excluded, the appeal cannot be considered as barred by limitation. In any case, we are inclined to accept the explanation offered by the applicant as sufficient cause, for which reason, Civil Application No. 40 of 2011 is made absolute in terms of prayer clause (a). The Family Court Appeal be registered and be placed for admission on 8 th July, 2011 . Application for stay be also listed along with the Appeal on that day. 4. The counsel for the appellant shall give intimation about the date of hearing of the appeal to the respondent forthwith. R.Y. GANOO, J. A.M. KHANWILKAR, J.