Smt. Pallavi Vikrant Sonawane v. Subhash Omana Sonawane

2023:BHC-AS:22112 41 ao 613 of 2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.613 OF 2023 WITH INTERIM APPLICATION NO.13992 OF 2023 WITH INTERIM APPLICATION (ST) NO.10029 OF 2023 Pallavi Vikrant Sonawane ...

Appellant versus Subhash Omana Sonawane ...

Respondent Ms. Megha Jani i/by Mr. D.V.Savant, for Appellant. Mr. Ashwin V. Sakolkar with Mr. Shashank Subhash, for Respondent.

CORAM:

N.J.JAMADAR, J.

DATE :

2 AUGUST 2023 P.C.

1.

Heard the learned Counsel for the parties.

2.

This appeal is directed against the order dated 18 January 2023 passed by the learned Judge, City Civil Court, whereby the learned Judge declined to continue ad-interim relief granted on 19 December 2022. 3.

I have perused the impugned order. The learned Judge has ascribed justifiable reasons for not continuing the ad-interim relief which was granted ex-parte. 4.

The Court is informed that the Respondent-Defendant has filed reply to the Notice of Motion and now the Notice of Motion is scheduled to be listed on 25 October 2023.

5.

The learned Counsel for the Respondent submits that the Respondent is SSP 1/2

41 ao 613 of 2023.doc willing to give consent for early hearing of the said Notice of Motion should the Plaintiff make such an application.

6.

Having regard to the nature of the dispute, and the prayers in the Notice of Motion, it may be appropriate that the Notice of Motion itself is finally heard and decided by the learned Judge, City Civil Court. 7.

The Appellant-Plaintiff is at liberty to make an application before the City Civil Court seeking early hearing of the Notice of Motion. 8.

The statement made on behalf of the Respondent that the Respondent would not oppose and will give consent to such request is noted. 9.

Let the Notice of Motion be decided as expeditiously as possible after providing an efficacious opportunity of hearing to the parties. 10.

With the aforesaid directions, the Appeal stands disposed. 11.

Interim Applications also stand disposed.

( N.J.JAMADAR, J. ) SSP 2/2