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2021 Supreme(Bom) 602

M.S.JAWALKAR
Grenville Domnick Jeus Dias – Appellant
Versus
Maria Do Ceu Nandita Fernandes – Respondent


Advocates appeared:
Priyanka Kamat, Advocate, Kaif Noorani, Advocate, Ryan Menezes, Advocate, Nigel Fernandes, Advocate

JUDGMENT

M. S. Jawalkar, J. - Heard learned Counsel Mr. Kaif Noorani, Advocate appointed Under Legal Aid Scheme for the applicant and Mr. Ryan Menezes, learned Counsel for the respondents.

2. The present application is filed challenging the order dated 17.09.2019, passed by the learned Additional Sessions Judge, Panaji, in Criminal Misc. Application no. 98 of 2018, whereby the learned Judge was pleased to dismiss the application filed by the petitioner under section 5 of the Limitation Act 1963, seeking condonation of delay of 69 days to file revision against the order dated 29.01.2018 passed by learned JMFC., Panaji, in Maintenance Application no. 1 of 2015/D.

3. It is submitted by learned Counsel for the respondent that application for certified copy which is sine qua non for filing revision itself is obtained in the month of July 2018, whereas the order in Maintenance application no. 1 of 2015 was passed on 29.01.2018. As such application for certified copy itself is filed beyond limitation. Moreover, there is no proper explanation in the application for condonation of delay. There is nothing mentioned when the draft was prepared and approved. In view thereof, order passed by the l

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