SANGEETA GERA Vs. SANJEEV GERA

JUDGEMENT

(1.) Cm.Appl32700/2018(Early hearing), CM.APPL 6672/2018(delay) & MAT.APP.(F.C.) 42/2018

(2.) With the consent of the parties, this application being CM.APPL 6672/2018 seeking condonation of delay is taken up for hearing at the first instance. The delay is sought to be condoned on the ground that the order dated 23.11.2017 was passed by the Family Court and thereafter the matter was being taken up and listed on day to day basis for carrying out cross-examination of PW-1 and thereafter, the appellant was constrained to change the counsel. The new counsel applied for certified copies on 08.12017, which was made available on 24.01.2018. It has also been averred that the delay in filing the present appeal was neither deliberate nor intentional, but due to above reasons.

(3.) Mr.Kapoor, learned counsel for the respondent has opposed the application on the ground that sufficient cause has not been disclosed for the condonation of delay. Mr. Kapoor submits that the appellant was quick enough to assail the order on 06.12.2017 within a span of seven days, but could not assail the order subject-matter of the present appeal. Mr. Kapoor submits that the sole aim and objective of the appellant is to delay the outcome of the petition seeking divorce which is, in fact, listed for final hearing today before the Family Court. He submits that the application lacks bona fides and thus, is liable to be dismissed. Reliance is placed by Mr. Kapoor on the judgments in the case of Nawab Mir Barkat Ali Khan Waleshan Bahadur v. Princess Manolya Jah, Dulkadir Sokak, Adali Cikmazi No.9, Arnavutkoy, Istanbul, Turkey & Another,2018 SCCOnlineHyd 236 and Preeti Jain v. Kunal Jain and Another, (2016) AIR Raj. 15