1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.NO. 1719/2009 IN F.A.ST.NO.9130/2009 ( Smt. Suwarna Rajkumar Bhute /vrs/ Shri Rajkumar Pandurang Bhute ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : AUGUST 10, 2009. Heard Mrs. R. Dewani, learned Counsel for the applicant and Shri M.P. Kariya, learned Counsel for respondent. This application is by wife for condonation of delay of 200 days in filing First Appeal under Section 19 of the Family Courts Act. The learned counsel for the appellant states that after receipt of the certified copy of the order, a Writ Petition was filed on 04.02.2009 before this Court, as advised and that Writ Petition was withdrawn on 17.06.2009 with liberty to file First Appeal. On 18.06.2009, the First Appeal thereafter has been presented. The learned counsel for the respondent – husband is strongly opposing the prayer for condonation of delay. He contends that writ petition was not filed bonafidely and in any case Writ Petition itself was not filed 2 within limitation of 30 days, as required by the Family Courts Act. He contends that ground of limitation of 90 days as sought to be taken in support is only to mislead this Court. We find that there is no effort to mis lead this Court and the delay has been properly explained. Writ Petition was filed as per the advise tendered and withdrawn and immediately on next day first appeal is filed. Hence delay is condoned. Office to register the First Appeal and list the same for further consideration. Civil Application is accordingly allowed. JUDGE JUDGE Rgd.