1 57) CAO 716-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO. 716 OF 2025 IN FAMILY COURT APPEAL (ST.) NO. 16309 OF 2024 SURAJ S/O OMPRAKASH HUMANE VS PRAGATI W/O SURAJ HUMANE AND ANOTHER Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri R.V.Gaikwad, Advocate for appellant/applicant. CORAM: URMILA JOSHI-PHALKE AND RAJ D. WAKODE, JJ. DATED : 13/10/2026. This is an application for condonation of delay in preferring the Appeal. 2. Despite service of notice by private mode, none appears for the respondent nos. 1 and 2. Service by regular mode is awaited. 3. We have heard the learned counsel for the appellant/applicant who submits that the applicant is residing at Ghatanji which is in Yavatmal District. Soon after the impugned order was passed, the applicant approached his counsel and gave necessary instructions to prefer the Appeal. Accordingly, the learned counsel preferred the Appeal well within the period of limitation. After the Appeal was preferred, another counsel was entrusted by the learned counsel for the appellant to make an affidavit and present the Appeal before the Court. However, the Appeal could not be presented due to the 2026:BHC-NAG:13824-DB 2 57) CAO 716-25.odt personal difficulties of the said counsel and therefore, the delay occurred. He submits that the delay is not intentional and therefore, prays that the delay be condoned. 4. Considering that the reasons mentioned appear to be sufficient and satisfactory, and that the appeal could not be preferred due to the personal difficulties of the another counsel, and for this, the litigant cannot be asked to suffer. It is well settled that a liberal approach is required to be taken as far as the application for condonation of delay is concerned and that the parties should be permitted to litigate their cases on its own merits. In view of that, the application is allowed. Delay in preferring the Appeal is hereby condoned. 5. The Appeal be registered. FAMILY COURT APPEAL (ST.) NO. 16309 OF 2024 6. On registration of Appeal, the notice be issued to the respondents. 7. R & P be called. 8. The Appeal be listed before this Court after service of the notice to the respondents. ( RAJ D. WAKODE, J.) (URMILA JOSHI-PHALKE , J.) B.T.K. Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 14/10/2026 18:33:33