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Bombay High CourtWP/12229/2016dissmiss for defaultnonprosecution

Mrs. Sarika Sanjeev Mahadik v. Mr. Sanjeev Yashwant Mahadik

2018-07-19Hon'Ble Shri Justice K. K. Sonawane1 pages

1 7-wp-wp-12229.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12229 OF 2016 Sarika Sanjeev Mahadik ... Petitioner

Versus

Sanjeev Yashwant Mahadik ... Respondent .....

CORAM : K. K. SONAWANE, J.

DATE : 19th JULY, 2018.

P. C.:

1.

When the matter is called out, petitioner so also respondent remained absent.

2.

The present writ petition came to be filed agitating the validity of the no cross order passed by the learned Family Court, Bandra, Mumbai. The petition is pending since 2016. The pleading of the parties to the proceeding reflects that after closing evidence, the matter was kept reserve for final adjudication of in issue on merit. In such circumstances, as the petition is pending since 2016, and there was no stay granted to the original proceeding pending before learned trial Court, there is no propriety to keep this petition alive for further process. The possibility of finality of the original proceeding could not be ruled out. Hence, writ petition stands dismissed for want of prosecution. No order as to costs.

( K. K. SONAWANE, J.) Shridhar Marutirao Sutar Shridhar Marutirao Sutar Date: 2018.07.21 10:46:05 +0530 Shridhar Sutar