Mrs. Neelakshi Rajesh Nair v. Mr. Rajesh Gopalkrishna Nair

CRA369_15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.369 OF 2015 (Ms Neelakshi Rajesh Nair Vs. Rajesh Gopalkrishna Nair) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Prasad Pathare a/w. Mr. Rajesh D. Bindra for Applicant. Mr. P. O. Verghese for Respondent.

CORAM : R. G. KETKAR, J.

DATE : 18TH NOVEMBER, 2016 P.C.:

Heard Mr. Pathare, learned Counsel for applicant and Mr. Verghese, learned Counsel for respondent. 2.

By this Application under Section 115 of the Code of Civil Procedure, 1908, applicant has challenged the judgment and decree dated 13.10.2014 passed by the learned District Judge-8, Thane in Civil Appeals No.58 of 2011 and 214 of 2013. By that order, the learned District Judge dismissed Appeal No.58 of 2011 preferred by the applicant and partly allowed Appeal No.214 of 2013 preferred by the respondent. The learned District Judge directed the respondent to pay Rs.30,000/- towards permanent alimony to Neelakshi Sing and Rs.20,000/- to her son from the date of the order.

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CRA369_15.doc 3.

Having regard to the fact that the C.R.A. arises out of the decree passed by the learned District Judge, C.R.A. under Section 115 of C.P.C. is not maintainable. Hence, C.R.A. is dismissed reserving liberty to the applicant to institute Second Appeal in this Court. It is made clear that I have not examined the merits of the case. Order accordingly.

(R. G. KETKAR, J.) Minal Parab 2/2