Sara Begum Amir Patel, Lr Mohd Zafaru Ur Rahman Mohd Abdul Rahman v. Amir Patel Baba Patel, Lrs Shaikh Hafiz And Others

WP-2807.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 2807 OF 2015 Sara Begum w/o Amir Pateil, died, through legal representatives : - Mohd. Zafaru-ur-Rahman s/o Mohd. Abdul Raheman .. Petitioner vs 1.

Amir patel s/o Baba Patel, died, through legal representative:- 1-1 Shaikh Hafiz s/o Amir Pateil, died, through legal representatives :- 1-1-A Rafiya Begum w/o Shaikh Hafiz and others .. Respondents ----- Mr.

Swapnil S. Rathi, Advocate for petitioner CORAM : SUNIL P. DESHMUKH, J.

DATE : 16TH APRIL, 2015

ORDER

1.

Heard learned counsel for the petitioner.

2.

It appears that the situation as is observed by the learned Civil Judge, Junior Division, Paithan, in the impugned order dated 16-01-2015 passed on application Exhibit-218 in Regular Civil Suit No. 100 of 2012, can be taken care of as the learned judge has referred to that the party concerned may seek permission to obtain opinion of expert on the point of difference between meher and maintenance.

WP-2807.15 3.

Having regard to that the party has been allowed to make a request, if the petitioner is so advised can make a proper application before the trial court which shall be decided on its own merits.

4.

It is further made clear that the orders which have been passed by the trial court and this court shall not influence the outcome of the application if so made.

5.

With observations as above, writ petition stands disposed of.

SUNIL P. DESHMUKH, J.

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