1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.2500 of 2009 In First Appeal Stamp No.12139 of 2009 (Dr. Waman s/o Nilkanth Parvate v. Dr. Smita w/o Waman Parvate and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Anil S. Mardikar, Advocate for Applicant. Smt. S.C. Deo, Advocate for Non-Applicants. Coram : A.H. Joshi & A.R. Joshi, JJ. Dated : 4 th November, 2009 1. An appeal has been preferred vide stamp no.12139 of 2009 by the present applicant/appellant against the judgment and order dated 8-5-2009 passed by the learned Judge, Family Court No.2, Nagpur. The said judgment and order of the Family Court is challenged, which is delayed by 37 days, on the ground of inability of the applicant to come down to Nagpur often from his residence at Chandrapur and for his pre-occupation to look after his infirm and ailing mother and for taking her to medical treatment and hospitalization. Another ground put forth by the applicant is that he was to collect the documents from his earlier lawyer for preferring the appeal and as such, according to him, the delay of 37 days was caused because of the circumstances 2 beyond his control. 2. The reasoning given by the applicant was controverted by the non-applicants and it was submitted by the non-applicants that the applicant was not the only son to look after his ailing mother and that he is financially sound and as such he could have come down to Nagpur any time from his place of residence. In short, it is submitted on behalf of the non-applicants that the delay caused in preferring the appeal is not explained and cannot be excused. 3. Considering the rival submissions, and mainly considering the grounds mentioned by the applicant, and considering the meagre delay of 37 days in preferring the appeal, it would be in the fitness of the situation to condone such delay and to decide the main appeal itself in order to decide the main controversy between the parties. In this view of the matter, we condone the delay and allow the present application with the following order : O R D E R Civil Application No.2500 of 2009 is allowed. The delay of 37 days in preferring the appeal against the judgment and order dated 8-5-2009 passed by the learned Judge, Family Court No.2, Nagpur, in Case No.C-32/2004, is condoned. Judge Judge. pdl