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Bombay High CourtCA/2290/2018rejected at admission stage

Vithal Sampatrao Wghmode v. Sakhubai Vithal Waghmode And Others

2018-07-02Hon'Ble Shri Justice P.R. Bora2 pages

20-CA-2290-18.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 2290 OF 2018 IN SA/870/2016 VITHAL SAMPATRAO WGHMODE

VERSUS

SAKHUBAI VITHAL WAGHMODE AND OTHERS ...

Advocate for Applicant : Mr. Krishna Salunke h/f Mr. Salunke Sudarshan J Advocate for Respondent No.1: Mr. R. B. Deshpande ...

CORAM : P.R. BORA, J.

DATED : 2nd JULY, 2018.

PER COURT:- .

Today, when the matter is taken up for final hearing, the learned counsel for applicant has again sought time to comply with the order passed by this Court on 13.04.2018. On 13.04.2018 the following order was passed by this Court: :ORDER:

(I) Learned counsel for the respondent-wife submits that though the applicant-husband has filed this civil application for restoration of the second appeal, but failed to pay the arrears of maintenance, which is at present more than Rs.4,00,000/-. Learned counsel for the applicant seeks time to take specific instructions to deposit certain amount before this court to show bonafide of the applicant. Stand over to 22.06.2018.

20-CA-2290-18.odt (2) 2.

On 22.06.2018 again request was made and the time was got extended to comply with the order passed by this Court on 13.04.2018. Thereafter, the matter was adjourned till this date. Today, again the time is sought for complying with the order passed on 13.04.2018. No cogent reason has been assigned for not complying with the order within given period and as such, I see no reason to accept the request made by the learned counsel for applicant. The request seeking some more time to comply with the order passed by this Court on 13.04.2018, therefore stands rejected. Consequently, the Restoration Application stands rejected.

(P.R. BORA, J.) Sameer/July-18