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2025 DAILYLAW 56019 (BOM)

SAU. MANISHA W/O AJAY TAYADE v. AJAY S/O TRYAMBAK TAYADE

APPR/219/2024 · 2025-02-06

Urmila Joshi Phalke

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 39appr219.2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 219 OF 2024 Sau. Manisha w/o Ajay Tayade Vs Ajay Tryambak Tayade Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Ms. B.N. Gavhale, counsel for applicant. Mr. A.M. Tirukh, counsel for non-applicant. CORAM : URMILA JOSHI-PHALKE, J. DATED : 06/02/2025. 1. By this application, the applicant is seeking condonation of delay, which is caused in preferring the appeal against the judgment and order passed by the Additional Sessions Judge, Akola, dated 20/12/2023. 2. The non-applicant has filed an application for interim custody of the minor child, which came to be allowed and the same is challenged in this revision, but delay of 209 days is caused. 3. Learned counsel for the applicant submitted that, the applicant was intended to file appeal within time, but she was not well. Moreover, she has lost her father also and therefore, she could not approach to the counsel and prefer an appeal within time, and therefore, delay of 209 days is caused. rkn 2 39appr219.2024.odt 4. The said application is strongly opposed by the learned counsel for the non-applicant, on the ground that there is no satisfactory reason for condonation of delay. 5. After hearing both sides and on perusal of the application, it reveals that after getting knowledge of the said order, she was intending to file appeal, but due to death of her father, she could not approach to the counsel appears to be just and satisfactory reason for condonation of delay. In view of that, I proceed to pass following order: a] The delay of 209 in filing the revision application is condoned. b] The criminal application (APPR) No. 219 is allowed. c] Criminal Revision Application be numbered. CRIMINAL REVISION APPLICATION _____NO. 2024 1. Learned counsel for the non-applicant waives service of notice. 2. Call for record and proceeding. 3. After receipt of the record and proceedings, the revision application be listed for final disposal. [URMILA JOSHI-PHALKE, J.] rkn