Smt. Dia Nitin Magnani v. Shri Nitin Ashok Magnani

DSS 40-caw-1591-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1591 OF 2015 IN WRIT PETITION NO. 2140 OF 2015 Smt. Dia Nitin Magnani .. Applicant.

In the matter between Nitin Ashok Magnani ..Petitioner.

vs.

Smt. Dia N. Magnani .. Respondent Mr. J.M. Puranik for the Applicant-Org. Respondent. Mr. Pritam P. Runwal for the Respondent-Org. Petitioner. CORAM :

M. S. SONAK, J.

DATE : 1 FEBRUARY 2016.

P.C. :- 1] The learned counsel for the Applicant states that the copy as well as notice of this application has already been served upon the Respondent-Org. Petitioner. The learned counsel for the Applicant points out that ex-parte stay was granted on 12 March 2014 restraining the execution of interim maintenance order. This was, however, subject to the Respondent-Org.Petitioner depositing the amounts towards maintenance as well as certain other conditions. The matter was referred to conciliation, however, it appears that the conciliation proceedings have not met much success. 1/2

DSS 40-caw-1591-15 2] Learned counsel appearing for the Respondent-Org. Petitioner has not objected to withdrawal of the amounts deposited by the Respondent- Org. Petitioner in this Court.

3] Accordingly, the Applicant-wife (Org. Respondent) is permitted to withdraw the amount deposited by the Original Petitioner- Respondent (husband) in this Court in pursuance of the order dated 12 March 2014.

4] Insofar as other reliefs in the civil application are concerned, the same will be considered at the stage of admission of the petition. 5] Accordingly, Civil Application is disposed of. 6] Place the Writ Petition No. 2140 of 2015 for admission on 26 February 2016 on supplementary board.

(M. S. SONAK, J.) dinesh 2/2