.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 180 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mrs.Manisha Shekhar i/b J. Shekhar & Co. for the appellant. Mr.Deepak A. Matwankar, the respondent in person. CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ. DATE : 26TH FEBRUARY 2009 P.C. P.C. P.C. : . Heard Mrs.Shekhar, the learned counsel for the appellant. . This appeal arises from the exparte decree of divorce granted by the Family Court at Mumbai in Petition No.A-1728 of 2004 which was filed by the respondent. The appeal was filed belatedly and by our order dated 26th August 2008 delay was condoned by allowing Civil Application No.238 of 2008. . On issuance of notice in this appeal, the respondent husband has appeared before us today. - 2 - . The learned counsel for the appellant has invited our attention to the provisions of Order 9 Rule 13 of the Code of Civil Procedure and sought leave to withdraw the appeal so as to enable the appellant to approach the Family Court and apply for setting aside the impugned exparte decree of divorce and to restore Petition No.A-1728 of 2004 to the file. . Leave granted and the appeal is disposed as withdrawn with liberty to the appellant to approach the Family Court and submit an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the exparte decree dated 19th September 2006 and for restoration of Petition No.A-1728 of 2004. If such an application is filed within a period of 2 weeks from today, we direct the Family Court to decide the same as expeditiously as possible and on its own merits. . We have also noted the statement made by the respondent before us today that he has not remarried. - 3 - (D.G. KARNIK, J.) (B.H. MARLAPALLE, J.)