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Bombay High CourtCP/541/2022disposed off

Yashodhan Prakash Agalgaonkar And ORS. v. Sharayu Sadanand Subhedar, Thr. Sadanand V. Subhedar And ANR.

2022-08-25Hon'Ble Shri Justice Sandeep Kashinath Shinde3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 541 OF 2022 Yashodhan Prakash Agalgaonkar and Ors.

... .Petitioners v/s.

Sharayu Sadanand Subhedar, thr.

Sadanand V. Subhedar and anr.

... .Respondents * * * * Mr. A.M. Kulkarni i/by. Mr. Akshay Kulkarni, Advocate for the petitioner.

Mr. Sandesh Patil i/by. Mr. Prashant Darandale, Advocate for the respondent.

CORAM : SANDEEP K. SHINDE, J.

Thursday, 25 th August, 2022.

P.C. :

1.

Heard Mr. Kulkarni, learned Counsel for the petitioner and Mr. Sandesh Patil, learned Counsel for the respondents.

2/3 2.

Parties to the contempt petition have arrived at certain arrangement recorded in the Pursis duly signed by the respective advocates and by petitioner no.1, who is present in the Court. 3.

The Pursis is taken on record and marked "X-1" for identification. The same is reproduced below : PURSIS It is agreed by and between the parties as under : 1.

That, on Friday i.e. 26th August, 2022 the day Access of the Children namely Aastha Yashodhan Agalgaonkar and Urvi Yashodhan Agalgaonkar shall be granted to the petitioners from the 4.30 p.m. to 9.00 p.m.

2.

That on Saturday i.e. 27th August, 2022 the day Access of the Children namely Aastha Yashodhan Agalgoankar and Urvi Yashodhan Agalgaonkar shall be granted to the Petitioners from 8:00 a.m. to 9:00 p.m.

3.

That, on Sunday i.e. 28th August, 2022 the day Access of the Children namely Aastha Yashodhan Agalgoankar and Urvi Yashodhan Agalgaonkar shall be granted to the Petitioners from 4.30 p.m. to 9:00 p.m., as the Children will be attending the Bhagwat Gita Competition from 1.00 p.m. to 4.00 p.,. at Isckon Temple Belgaum. 4.

That, the petitioners shall pick-up and drop the Children namely Aastha Yashodhan Agalgoankar and Urvi Yashodhan Agalgaonkar on the date and time mentioned in the para 1 to 3 above from Hotel Anugraha Refreshment, next to Goa VES Circle, Khanapur Road, Hindwadi, Belagavi, Karnataka-590011."

4.

The learned Counsel for the respondent seeks leave to file the copy of the Pursis signed by respondent no.1, who is not present

3/3 before me. Leave granted. He shall file the signed copy of the Pursis within two weeks from today. Registry shall accept the same. 5.

In terms of the arrangement recorded, in the Pursis, the Contempt Petition is disposed of, without prejudice to the rights and contentions of the respective parties.

6.

Mr. Kulkarni, learned Counsel appearing for the petitioner, seeks leave to file appropriate application, seeking to interpret Clause4.10 of the consent terms dated 11 th April, 2022, to state that the petitioner has been given right to stay with his daughter overnight. Mr. Patil, learned Counsel for the respondent, disputes this submission. Any how, the petitioner may move appropriate application seeking for modification/interpretation of the consent terms dated 11 th April, 2022.

7.

The Contempt Petition is disposed of in the aforesaid terms.

8.

All concerned to act on authenticated copy of this order. (SANDEEP K. SHINDE, J.)