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Bombay High CourtCAM/164/2018disposed off

Smt. Vidya Sharad Mahajan v. Shri. Sharad Bhagwat Mahajan

2018-07-10Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

4 cam164-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.164 OF 2018 IN FAMILY COURT APPEAL NO.39 OF 2009 Vidya Sharad Mahajan .. Applicant V/s.

Sharad Bhagwat Mahajan .. Respondent Mr.Uday P. Warunjikar for the Applicant Mr.R.M.Pethe for the Respondent

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

JULY 10, 2018 P.C. :

Heard.

This Application is filed by wife for restoration of Family Court Appeal No.39 of 2009 which stands dismissed for non-prosecution. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, we are satisfied that the Applicant has made out a case for allowing the present Civil Mohite 1/2 Trusha Tushar Mohite by Trusha Tushar Mohite Date:

2018.07.12 16:01:47 +0530

4 cam164-18.doc Application. Hence, following order:

a) Order dated 07.06.2018 passed by this court is recalled. b) Family Court Appeal No.39 of 2009 is restored on file for hearing.

c) The learned counsel for the Respondent husband waives service for final hearing of Family Court Appeal.

d) Registry is directed to place Family Court Appeal for final hearing in weekly board as per its turn.

e) Civil application stands disposed off accordingly. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Mohite 2/2