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Bombay High CourtWP/2765/2012disposed offdismissed for default

Vrushiket Sadashiv Shinde And ORS v. Pamabai Vrushiket Shinde

2017-11-16Hon'Ble Shri Justice Nitin W. Sambre2 pages

wp2765.12

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 2765 OF 2012 VRUSHIKET SADASHIV SHINDE AND ORS

VERSUS

PAMABAI VRUSHIKET SHINDE ...

Advocate for Petitioners : Choudhary S.S.

.....

CORAM : N.W.SAMBRE, J.

DATED : 16th November, 2017 PER COURT : - Heard Shri Choudhary, learned counsel for some time.

The order impugned in the present proceedings is one passed in Regular Civil Appeal No. 183 of 2011. As per the report forwarded by the learned District Judge-2, Osmanabad, the said appeal is already decided on 29.3.2016. Since the appeal itself is decided finally, this petition has become infructuous. Accordingly, the same stands disposed of. So far as amount of maintenance, if any, deposited in the present proceedings payable to the respondent/wife, the same be diverted to the Court of learned District Judge-2, Osmanabad, who has disposed of Regular Civil Appeal No. 183 of 2011. Apportionment of the amount will be at it's discretion, upon notice to the legal representatives of the respondent. If

wp2765.12 the amount is not claimed or no interest is shown by the legal representatives within three months from the date of service of notice, the same be returned to the present petitioner, upon furnishing an undertaking that in case in future any liability arose out of this proceeding, same shall be satisfied by redepositing the said amount within a period of four weeks of such order or deposit to be passed by concerned Court. [N.W.SAMBRE, J.] dbm