18-ia.3095.2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3095 OF 2026 IN FAMILY COURT APPEAL (STAMP) NO.5668 OF 2026 Sarita Raju Ajwani ...Applicant Versus Raju Gopal Ajwani ...Respondent Ms. Kalpana R. Trivedi for the Applicant Mr. Archit G. Manukar for the Respondent. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 28th AUGUST 2026 P.C. : 1. Interim Application No.3095 of 2026 seeks condonation of delay of 4 days in filing the appeal, based on the presumption that the delay is 4 days. The counsel for the respondent, however, points out to us that the delay is not merely of 4 days, as the website reflects that the appeal was filed on 20th February 2026 (E-filing) and the delay will have to be computed till the date the appeal is filed. 2. On hearing the learned counsel for the applicant and on perusal of the application, it is revealed that the judgment was N. S. Chitnis 1/3 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.09.01 13:56:49 +0530 18-ia.3095.2026.doc delivered on 2nd August 2025. An application for a certified copy was filed on 18th August 2025, which was made available on 8th October 2025 and thereafter, steps were taken to file the appeal along with the application for condonation of delay. The applicant has stated that the delay, if not condoned would cause grave and irreparable loss and the delay is bona fide and it is specifically pleaded that the procedural delay shall not defeat the right of the applicant, specifically in the matrimonial matter. 3. Though the counsel for the respondent has vehemently opposed the application for condonation of delay, we must note that the delay is definitely more than 4 days, as the appeal came to be filed in February 2026. However, in our view, the delay is neither deliberate nor willful, nor is it so long as to lead to an inference of recklessness or carelessness on the part of the applicant. We have also noted that 2 months were consumed in obtaining the certified copy and thereafter some steps were required to be taken for filing the appeal and it appears that though the affirmation on the application is of January N. S. Chitnis 2/3 18-ia.3095.2026.doc 2026, ultimately, the appeal along with the application appears to have be filed in the month of February 2026. 4. Since, we are of the view that the delay is bona fide, we deem it appropriate to condone the same. Interim Application is made absolute in terms of its prayer clause. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. N. S. Chitnis 3/3