Priyamvada Yashwant Gailad v. Hitesh Kumbhabhai Mewada And ORS

WP6785_16.doc

IN THE HIGH COURT OF JUDICATURE AT MUMBAI

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6785 OF 2016 (Priyamvada Yashwant Gailad Vs. Hitesh Kumbhabhai Mewada and others) Office Notes, Office Memoranda of Coram, appearances,Court's orders, or directions, and Registrar's Orders Court's or Judge's orders Mr. Joveson and Ms Preeti Dambre i/b. Mr. Prerak P. Choudhary for Petitioner.

CORAM : R. G. KETKAR, J.

DATE : 29TH JUNE, 2016 P.C.:

Heard Mr. Joveson, learned Counsel for petitioner. 2.

This matter was heard on 10.06.2016 and Petition was dismissed. On the oral application made by the learned Counsel for the petitioner, order was stayed for a period of 8 weeks subject to the assurance given by the petitioner that petitioner and all adult family members residing with her will give usual undertaking in this Court, after giving advance copy to the other side. Though assurance was given that undertaking will be filed within two weeks from today, till date, the undertaking is not filed. In fact, the matter was to come up for ensuring compliance on 24.06.2016. It is evident that petitioner has not filed undertaking even till date. While dismissing the Petition, it was made clear that if within two weeks from today, petitioner does not file undertaking in this Court, the interim order shall stand vacated without further reference to the Court. 1/2

WP6785_16.doc 3.

In view thereof, as the undertaking is not filed within the stipulated period, interim order is vacated. (R. G. KETKAR, J.) Minal Parab 2/2