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Bombay High CourtWP/2274/2016disposed offdismissed for default

Sudarshan Yamaji Pandhare v. Pallavi Sudarshan Pandhare

2016-06-08Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

mub 26 wp 2274.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2274 OF 2016 Shri Sudarshan Yamaji Pandhare Age: 33 years, Occ. Service, R/o Gokul Nagar, Kopargaon, Tq. Kopargaon, Dist. Ahmednagar.

...

Petitioner Vs.

Sau. Pallavi Sudarshan Pandhare Age: 28 years, R/o Kurhadkar Building, Deshmukhwadi, Pachora,, Tq. Pachora, Dist. Jalgaon.

...

Respondent ---- Mr. Mukul S. Kulkarni, Advocate for the petitioner. Mr. G.V. Wani, Advocate for the respondent.

---- CORAM : SUNIL P. DESHMUKH, J.

DATE : 08-06-2016.

Per Court :

1.

Heard learned counsel for the parties extensively. It appears without going into merits of rival claims, the situation can be salvaged by modification in the impugned order by reducing the amount of payment of maintenance from Rs.15,000/- pursuant to the impugned order to Rs.10,000/- during the pendency of the appeal filed by the present respondent.

2.

In view of aforesaid, it would be appropriate, the arrangement in the interregnum during the pendency of the appeal be worked out by modification as aforesaid and the appeal can be

mub 26 wp 2274.16.odt directed to be disposed of expeditiously. Hence following order:

ORDER

i) The appeal pending before the appellate authority may be expeditiously dealt with and disposed of within a period of six months from the date of receipt of writ of this order.

ii) In the meanwhile, during pendency of the appeal instead of Rs. 15,000/- as directed under an interim order by the appellate court impugned in this writ petition, the quantum shall be deemed to be Rs.10,000/- and the impugned order should be deemed to have been modified accordingly.

iii) The petitioner shall pay and continue to pay in accordance with modified impugned order during the pendency of the appeal.

ii) Writ Petition stands disposed of.

(SUNIL P. DESHMUKH) JUDGE