Savita Santosh Mahangare v. Santosh Shyamrao Mahangare And ORS.

11. Ia-2969-2021-in- Wp-1214-2015.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2969 OF 2021 IN WRIT PETITION NO. 1214 OF 2015 Savita Santosh Mahangare ...Applicant

Versus

Santosh Shyamrao Mahangare & Ors.

...Respondents

....

Mr. Balasaheb Deshmukh, Advocate for the Applicant in I.A. Mr. S. M. Kamtam i/by Nilesh Nevshe, Advocate for the Respondents/ Original Petitioners.

Mr. S. V. Gavand, APP for the Respondent No.5 - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

23rd MARCH, 2022.

PER COURT :

1.

This is an application for withdrawing the amount deposited by respondent No.1 before this Court in accordance with order dated 30th July, 2019.

2.

The applicant is the wife of respondent No.1. Vide order dated 30th July of 2019 it was observed that unless the amount of Rs.80,000/- is deposited by the original petitioners in the registry of this Court, registry shall not place the Petition for hearing. On depositing Rs.80,000/- in the registry of this Court, liberty to petitioners to move for hearing.

Sajakali Jamadar Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2022.03.25 17:58:14 +0530 SAJAKALI LIYAKAT JAMADAR

11. Ia-2969-2021-in- Wp-1214-2015.doc 3.

The applicant's contention is that, she is the house wife. She is facing financial problems. Her child was sick. It was difficult to provide medical treatment without financial support. The amount was deposited towards maintenance. Hence, the applicant may be allowed to withdraw the amount of Rs.80,000/- deposited in this Court.

4.

Learned Advocate Mr. Kamtam on instructions from the advocate on record representing the original petitioners submitted that the petitioners has no objection for withdrawing the amount of Rs.80,000/- which has been deposited in this Court pursuant to order dated 30th July, 2019. However, the Writ Petition be listed for hearing expeditiously.

5.

The amount of Rs.80,000/- has been deposited in this Court. Considering the aforesaid circumstances, the applicant Savita Santosh Mahangare is permitted to withdraw the amount of Rs.80,000/- deposited by respondent No.1 in this application before this Court. Criminal Writ Petition can be listed on board. 6.

Interim Application No.2969 of 2021 is disposed off accordingly.

(PRAKASH D. NAIK, J.) Sajakali Jamadar