← Library
Bombay High CourtCAM/111/2016disposed off

Mr. Kamlesh Kishin Godhwani v. Mrs. Lata Kamlesh Godhwani

2016-12-13Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice A.S. Oka2 pages

CAM111.16.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.111 OF 2016 IN FAMILY COURT APPEAL NO.63 OF 2015 Mr Kamlesh K. Godhwani ... Applicant v/s Mrs Lata Kamlesh Godhwani ... Respondent Mr Hitesh P. Vyas for Applicant.

CORAM: A.S. OKA AND SMT ANUJA PRABHUDESSAI JJ.

DATE : 13TH DECEMBER 2016.

P.C. :- 1.

Not on board, taken on board. On the prayer of the Applicant, this Application is taken up for hearing. 2.

The learned counsel appearing for the Applicant / Appellant submits that as of today, there is no stay granted by any Court to clause 4 of the operative part of judgment and order dated VRD

CAM111.16.sxw 23rd January 2015. If the statement made by the learned counsel appearing for the Applicant is correct, then the clause 4 of the operative part of the impugned judgment and order is operative and therefore, the remedy of the applicant is before the concerned Court to execute that part of the decree.

3.

Therefore, we decline to entertain this Application wherein the prayer in substance is for execution and implementation of clause 4 of the decree. Hence, Application is disposed of by keeping the remedy of execution expressly open. (SMT ANUJA PRABHUDESSAI J.) (A.S. OKA J.) VRD