Mr. Dhanji Chapsi Nisar v. Mrs. Meena Dhanji Nisar D/O. Shri. Lalchand Metha

1 903-FCA 49-19 @ CAM 28-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO.49 OF 2019 ALONG WITH CIVIL APPLICATION NO.28 OF 2019 IN FAMILY COURT APPEAL NO.49 OF 2019 Mr. Dhanji Chapsi Nisar.

] ... Appellant / Applicant

Versus

Mrs. Meena Dhanji Nisar.

] ... Respondent Mrs. Anu Ravi Khanna for Appellant / Applicant. Smt. Jaymala Ostwal a/w Smt. Komal Gosavi i/b M/s. J.J. Associates for Respondent.

CORAM :- INDRAJIT MAHANTY & SARANG V. KOTWAL, JJ.

DATE :- 01 MARCH, 2019 P. C. :- 1.

Learned Counsel for the Appellant / Applicant filed a pursis to the following effect :

"The Appellant be permitted to withdraw the aforesaid FCA, seeks liberty to challenge the Judgment & Decree dated 31.01.2018, before the Hon'ble Trial Court, as the marriage is a nullity, the Respondent having played fraud upon the Petitioner, "part settlement" / "partial consent terms to dissolve the marriage" judgement, by mutual consent, being not acceptable."

URS 1 of 2

2 903-FCA 49-19 @ CAM 28-19.odt 2.

In view of the above, Family Court Appeal is permitted to withdraw with liberty as sought for.

3.

If any application is moved, the trial Court shall dispose of the same as expeditiously as possible.

4.

In view of disposal of the Family Court Appeal, Civil Application does not survive and the same is also disposed of. (SARANG V. KOTWAL, J.) (INDRAJIT MAHANTY, J.) URS 2 of 2