Mrs. Kamla Shivkumar Adtani v. Mr. Shivkumar Tolaram Adtani

1.fca.241.2014.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 241 OF 2014 WITH CIVIL APPLICATION NO. 325 OF 2014 Mrs Kamla Shivkumar Adtani ...Appellant vs Sagar Shivram Adtani

...Respondent.

.....

Mrs N.S.Moily for the Appellant Mr Nawaz Haindady i/b Arshad Haindady for Respondent No.1. .....

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

JULY 17, 2018.

P.C. :

Heard learned counsel for parties.

By this Family Court Appeal, the appellant is challenging the Judgment and Decree dated 21st March, 2014 passed by the Family Court, Bandra, Mumbai in Petition B-14 of 2008 and also imposing the costs of Rs.75,000/- on the appellant.

After taking some time, learned counsel for the appellant submits that she received instructions from her client to withdraw the Family Court Appeal with liberty to file appropriate proceedings for her right against her late husband's property, if any. Paragraph 7 of the said affidavit dated 17th July, 2018 reads thus;

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1.fca.241.2014.doc "(7) I say that hence I am filing this Affidavit for bringing subsequent facts on record and for allowing me to withdraw the said appeal with liberty to file appropriate proceedings as against 50 % share in the flat and any other properties left by my late husband and for claiming the said rights as his legal heirs and representatives, wherein myself and my son being the Respondent No.2 are entitled to."

At the same time, learned counsel appearing for Respondent No.1 filed an affidavit dated 16th July, 2018 stating that he do not want to press costs of Rs.75,000/- as awarded by the Family Court in his favour. Said affidavit is also taken on record and accepted.

In view of the affidavit filed by both the parties, following order is passed:

(a) Family Court Appeal stands disposed of as withdrawn with liberty as prayed in affidavit dated 17th July, 2018 filed by the appellant;

(b) The statement made by Respondent No.1 in his affidavit dated 16th July, 2018 is accepted i.e. he is not pressing the decree for payment of costs of Rs.75,000/-.

In view of withdrawal of the Family Court Appeal, nothing survives in the Civil Application and the same is disposed of as infructuous. No order as to costs. (B.P.COLABAWALLA, J.) ( K.K.TATED, J.) Digitally signed by Dhanappa Irappa Koshti Date:

2018.07.20 15:05:53 +0530 Dhanappa Irappa Koshti Pg 2 of 2