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Bombay High CourtCAM/43/2018allowed

Mrs. Arati Krishna Maheshkar v. Mr. Krishna Jogi Maheshkar

2018-02-15Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice R.M. Savant.2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 43 OF 2018 IN FAMILY COURT APPEAL NO. 59 OF 2017 Mrs. Arati Krishna Maheshkar ....Applicant/ Appellant (Orig. Respondent) V/s.

Mr. Krishna Jogi Maheshkar ....Respondent * * * * * Mrs. Racheeta R. Dhuru a/w. Ms. Amruta Athavale i/by. Mr. R.C. Dhuru, Advocate for the applicant.

CORAM :- CORAM :- R.M.SAVANT, & R.M.SAVANT, & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 15TH FEBRUARY, 2018.

15TH FEBRUARY, 2018.

P.C. :- P.C. :- 1.

The above Civil Application has been filed for restoration of the above Family Court Appeal which has stood dismissed for non-prosecution on account of the conditional order dated 23rd November, 2017 passed by the Learned Registrar (Judicial-II) of this Court.

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By the said order, the applicant-appellant was directed to take steps to serve the sole respondent and in default, the application was to stand dismissed for nonprosecution. Since the applicant/appellant did not comply with the order, the Family Court Appeal No. 59 of 2017 stood dismissed for non-prosecution.

3.

Having regard to the reasons mentioned in the above Civil Application, the same is allowed. Resultantly, Family Court Appeal No. 59 of 2017 is restored to file. 4.

The office objections to be removed within 3 weeks from date.

(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (R.M. SAVANT, J) (R.M. SAVANT, J)