Dr. Ashish Mehta v. Dr. Chaula Mehta And ANR.

1 5-W.P. No. 10772-2016 Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10772 OF 2016 Dr. Ashish Mehta ] Petitioner Vs.

Dr. Chaula Mehta & Anr.

] Respondents ......

Mr. A.S. Khandeparkar a/w Mr. Mayur Kadam i/b Akshar Law, for the petitioner.

Ms. Chitra Phadke i/b Ms. Mandakini Sinh, for respondent No.1. ......

CORAM : R.G. KETKAR, J.

DATE : 28TH APRIL, 2017.

P.C.

Heard, Mr. Khandeparkar, learned Counsel for the petitioner and Ms. Phadke, learned Counsel for respondent No.1. 2.

Mr. Khandeparkar submits that the petitioner will file petition seeking review of order dated 12th September, 2012 passed by this Court [Coram: Roshan Dalvi, J.] in Writ Petition No. 7134

2 5-W.P. No. 10772-2016 of 2012. He further states that the petitioner will file separate application in the trial Court as regards modification of the impugned order on the ground that there is difference between American Dollars and Canadian Dollars and that Janhavi has attained majority. Ms. Phadke submits that all the contentions of the first respondent including maintainability of review petition and application may be kept open.

3.

In view thereof, on the motion made by Mr. Khandeparkar, the petition is allowed to be withdrawn with liberty to file review petition so also application for modification of the impugned order before the trial Court. All the contentions of the parties are expressly kept open. Petition is disposed of accordingly. [R.G. KETKAR, J.]