Smt. Shantabai Bhagwan Mohite v. Shri. Bhagwan Gundu Mohite

13.272.16-cao.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.272/2016 IN CROSS OBJECTION (ST) NO.34846/2016 IN FAMILY COURT APPEAL NO.211/2016 Shantabai Bhagwan Mohite ... Applicant Bhagwan Gundu Mohite ... Appellant V/s.

Shantabai Bhagwan Mohite ... Respondent Mr. Abhijit P.Kulkarni for the Applicant

CORAM:

K.K. TATED & N. J. JAMADAR, JJ.

DATED :

DECEMBER 12, 2018 P.C. :

Heard. By this Civil Application, the Applicant seeks permission to carry out amendment in the cross-objection. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, we are satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clauses (a) & (b) which read thus:

Basavraj G. Patil 1/2

13.272.16-cao.doc (A) "(a) This Hon'ble Court be pleased to grant the Applicant leave to amend her claim petition No.C34/2013 to incorporate the pleadings after paragraph No.7 of the petition as per schedule A to this Application and to incorporate prayer A-1 for claiming enhance maintenance."

(B) The Applicant is directed to carry out amendment on or before 19.01.2019, failing which the Civil Application shall stand dismissed without further reference to the court.

(C) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the cross-examination on the original Appellant or his Advocate thereafter immediately. (D) Liberty granted to Applicant to take out appropriate Application , if he so desire for prayer clauses (b) & (c) which will be decided on merits.

(E) Civil application stands disposed off accordingly. (N. J. JAMADAR, J.) (K. K. TATED, J.) Basavraj G. Patil 2/2