Mr. Ravi Rajendra Agrawal v. State Of Mahrashtra Through Assistant Government Pleader, And ORS.

38.wp.4783-18 & ors.doc PMB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4783 OF 2018 WITH INTERIM APPLICATION NO.1739 OF 2021 WITH INTERIM APPLICATION NO.447 OF 2020 WITH INTERIM APPLICATION NO.3429 OF 2019 WITH INTERIM APPLICATION NO.3430 OF 2019 WITH INTERIM APPLICATION NO.3186 OF 2019 IN WRIT PETITION NO.4783 OF 2018 Ravi Rajendra Agrawal .. Petitioner vs.

State of Maharashtra and ors.

.. Respondents ---------------- Mr. C.P. Deogirikar for the Petitioner/Applicant. Mr. S.H. Kankal, AGP for the State.

Mr. S.P. Banerjee I/b. M.A. Sayyed for Respondent Nos.4 and 5. --------------- CORAM : M.S.KARNIK, J.

DATE : AUGUST 26, 2021 P.C.

Heard learned counsel for the parties.

2.

After the matter is heard for some time, reliance is placed on the decision of this Court in the case of Ritika Prashant Jasani Versus Anjana Niranjan Jasani and Others1. It is one of the contention that pursuant to a family arrangement, the medical and other expenses were to be borne by the Petitioner in respect of the 2021 SCC OnLine Bom 1802

38.wp.4783-18 & ors.doc Respondent No.3-Petitioner's father. The Petitioner's father was to reside with his son. This aspect according to learned counsel for the Petitioner, of the family arrangement, is not considered by the Tribunal. Without commenting anything on the merits of the matter, in view of the concession given by the parties that they are agreeable for remand of the matter to the Tribunal, the impugned order is set aside. The Tribunal to rehear the parties afresh and decide the application on its own merits. The Tribunal is requested to decide the application expeditiously and preferably within a period of three months from today. The parties are at liberty to fle additional pleadings. Till the decision by the Tribunal, the parties to maintain the status quo in respect of the properties in their possession. All contentions are kept open.

3.

Learned counsel for the Petitioner submits that a sum of Rs.10,000 per month will be paid to the Respondent No.3. In addition to Rs.10,000 per month to be paid, the medical expenses of the Respondent No.3 will be borne by the Petitioner. 4.

The Writ Petition is disposed of.

5.

In view of the disposal of the Writ Petition, nothing survive for consideration in the Interim Applications. The Interim Applications are disposed of.

(M.S.KARNIK, J.) Digitally signed by PRADNYA MAKARAND BHOGALE Date:

2021.08.26 20:30:55 +0530 PRADNYA MAKARAND BHOGALE