1 CAO1008-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO.1008/2026 IN F.C.A. STAMP NO.19088/2025 (VINOD CHAMPALAL JAISWAL VERSUS KOMAL VINOD JAISWAL) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders. Shri S.S. Bhalerao, counsel for the applicant. CORAM : URMILA JOSHI-PHALKE AND RAJ D. WAKODE , JJ. D ATE : OCTOBER 05 , 2026 . Heard Shri S.S. Bhalerao, learned counsel for the applicant. 2. The present application is under Section 5 of the Limitation Act for condonation of delay of 30 days in filing the Family Court Appeal. 3. Shri S.S. Bhalerao, learned counsel for the applicant has invited our attention to the reasons as stated in paragraphs 2, 3 and 4 of the present application, contending that the circumstances in which the counsel was under an impression that the limitation for filing the appeal was 90 days, as settled by the Full Bench of this Court. However, when the Registry has pointed out to the learned counsel as to the limitation of 30 days as enunciated by the Hon'ble Apex Court in Arunoday Singh Versus Lee Anne Elton in Special Leave Petition (Civil) No.10751/2021 passed on 20.07.2021, the counsel has realized that the limitation was not 90 days, but 30 days. As such, the delay of 30 days is caused in filing the Family Court Appeal. In our considered opinion, the learned counsel has made out sufficient cause for condoning the delay of 30 days in filing the Family Court Appeal, which is bona fide and unintentional. Even otherwise, the litigants should not suffer for the misunderstanding of law by the counsel. Accordingly, we condone the delay of 30 days in filing the Family Court Appeal. 4. The civil application accordingly disposed of. 2026:BHC-NAG:13244 2 CAO1008-26.odt FAMILY COURT APPEAL STAMP NO.19088 OF 2025. Since the delay in filing the aforesaid appeal is already condoned by this Court, the Registry is directed to process and register the Family Court Appeal. Once the Family Court Appeal is registered, issue notice to the respondent sole, returnable on 29.10.2026. (RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE, J.) APTE Signed by: Apte Designation: Senior Pvt. Secretary Date: 06/10/2026 11:04:44