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Bombay High CourtWP/13079/2019disposed off

Ms. Anjali Mahesh Wadekar v. Mahesh Govind Wadekar

2021-02-04Hon'Ble Shri Justice M. S. Karnik3 pages

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13079 OF 2019 Ms.Anjali Mahesh Wadekar ....Petitioner Vs.

Mr.Mahesh Govind Wadekar ..... Respondent Mr.Samarth Moray, for the Petitioner.

Mr.B.M.Ganu, for the Respondent.

CORAM :

M. S. KARNIK, J.

DATE :

04th FEBRUARY, 2021 P.C. :

.

Heard learned Counsel for the Petitioner. This is the Petition fled under Article 227 of Constitution of India by the wife challenging the order dated 20/11/2019 passed by the Family Court, Pune below Exhibit 70. The Petitioner failed to lead her further evidence on 14/10/2019 and her further evidence is closed.

2.

Learned Counsel for the Petitioner submitted that in the interest of justice, the Petitioner may be permitted to lead her evidence as it is necessary to examine a few witnesses. On 1/3

instructions of the Petitioner, he undertakes that the proceedings will not be protracted and that the Petitioner will co-operate with the Family Court in the expeditious disposal of the matter. 3.

Learned Counsel for the Respondent in all fairness submitted that he will have no objection to the order being set aside and an opportunity being given to the Petitioner to lead evidence, but his only concern is that the Petition is pending for the last more that 7 years and therefore needs to be expedited. 4.

In this view of the matter and in the interest of justice, the impugned order is set aside. The Petitioner is permitted to lead further evidence.

5.

The Petitioner to furnish the list of witnesses before the trial Court on the next date. Parties to appear before the next date fxed by the Family Court, Pune. The Family Court, Pune is requested to decide the Petition expeditiously and preferably within a period of 6 months from today. 6.

The Petitioner as well as Respondent through their 2/3

respective Counsel undertake that they will co-operate with the Family Court and will not seek unnecessary adjournments. All the contentions are kept open. Petition is disposed of. (M.S.KARNIK, J.) Digitally signed by Urmila P.

Ingle Date:

2021.02.04 17:40:17 +0530 Urmila P.

Ingle 3/3