(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) The present application is for condonation of delay of 730 days in preferring appeal against the judgment and order passed by the Family Court, Ahmedabad which is impugned in the First Appeal.
We have heard Mr.Buch for the applicant and Ms.Vijayalakshmi for the opponent.
Considering the facts and circumstances mentioned in the application, even if lenient view is taken on the aspects of delay, keeping in view the fact that it is a dispute between the husband and wife, the applicant who is the husband should pay appropriate compensation for delay as well as the cost of the present litigation to the respondent.
Mr.Buch, learned counsel for the applicant states that as suggested by the Court, the applicant has already deposited the amount of Rs.20,000/- towards the cost for the delay as well as for the present litigation for condonation of delay and therefore the applicant has no objection if such amount is paid to the wife by way of cost for delay as well as for the litigation.
We find that as it is a dispute between the husband and wife and there may be a chance for settlement, if the first appeal is considered at a later stage, it would be just and proper to condone the delay but on payment of appropriate cost for delay as well as for the cost of the litigation.
Hence, the delay is condoned on the condition that the applicant pays Rs.20,000/- by way of compensation as cost for delay as well as for the litigation to the respondent. Since the amount of cost of Rs.20,000/- is already deposited and the condition is complied with, the respondent shall be at the liberty to withdraw the said amount.
Application allowed to the aforesaid extent. Rule made absolute accordingly.
(JAYANT PATEL, J.) (C.L.
SONI, J.) *bjoy Top