Mr. Mithun Kishore Patadia v. Mrs. Sheetal Mithun Patadia

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 208 OF 2015 IN FAMILY COURT APPEAL No. 242 OF 2014.

Mithun K. Patadia.

..Applicant.

Versus

Sheetal Mithun Patadia.

..Respondent.

Mr. R. J. Cama i/b Sapna Rachure for the Applicant. Mr. Swapnil L. Wagh i/b Rizwan Merchant & Associates for the Respondent.

Coram : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

Date : June 18, 2015.

P. C. :

1.

By the order dated 14th October 2014 passed in FCA 242 of 2014 and 243 of 2015, this Court directed the Family Court at Bandra, Mumbai to dispose of in a time bound manner Petition No.C155 of 2007 and B-86 of 2008. This order is neither complied with nor the Family Court has sought for extension of time to dispose of the said petitions.

2.

The Applicant, who is the Respondent in both the petitions has approached this Court seeking extension of time to dispose of the above petitions pending before the Family Court at patilsr 1 / 2

Bandra. In our opinion, since this Court has directed the Family Court to dispose of the proceedings within a time bound manner, the application ought to have been made by the Family Court. The present application at the instance of party is not maintainable. In the light of this position, the learned Counsel appearing for the Applicant seeks leave to withdraw the application. Leave granted. Application is dismissed as withdrawn.

[SMT. ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.] patilsr 2 / 2