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Bombay High CourtWP/8556/2018disposed off

Shehzad Hemani v. Nadia Rashid

2019-11-22Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 2-wp8556.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8556 OF 2018 WITH WRIT PETITION NO. 3367 OF 2018 Shehzad Hemani .....Petitioner.

Vs.

Nadia Rashid .....Respondent.

Adv. Shilpa Sengar i/by Vashi and Vashi for the Petitioner in WP No. 8556 of 2018.

Mr. Yusuf Iqbal i/by Vashi and Vashi for the Petitioner in WP No. 3367 of 2018.

Ms. Veena Gowda i/by Sarah Kapadia and Rouble Sarkkar for the Respondent.

CORAM : A. S. GADKARI, J.

DATE : 22nd NOVEMBER, 2019.

P.C.:- Registry has received a communication dated 7th September, 2019 from the Principal Judge, Family Court, Mumbai seeking extension of one year to dispose off the Petition No. D-40 of 2015. The Order dated 13th April, 2018 passed by the Co-ordinate Bench in WP No. 3367 of 2018 was challenged before the Hon'ble the Supreme Court by way of Special Leave to Appeal (c) No. 19883 of 2018. The Hon'ble, Supreme Court by its Order dated 20th August, 2018 has confirmed the said Order. By Order dated 13th April, 2018, this Court had directed the Appellate Court to decide the Custody Petition filed by the 1/2

ssm 2 2-wp8556.18.doc Petitioner-husband within a period of one year from 13th April, 2018. As noted earlier, the said Order has not been disturbed by the Supreme Court. In this back ground, learned Judge of the Family Court, Mumbai is seeking further extension of one year for the reasons stated in the communication.

The learned counsel for the respective parties, jointly submitted that, they will co-operate with the Appellate Court in disposing off the Custody Petition and would see that, the litigation would be over by 30th April, 2020.

In view thereof, the period to conclude Petition No. D-40 of 2015 is hereby extended by 30th April, 2020.

Registry to communicate the present Order to the concerned. (A.S. GADKARI, J.) 2/2