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Bombay High CourtAPPLN/3890/2014disposed off

Jayashri Gajanan Ambilwade v. Gajanan Sanduji Ambilwade And Another

2015-01-28Hon'Ble Shri Justice V.M. Deshpande2 pages

crap3890.14 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 3890 OF 2014 [Jayashri w/o Gajanan Ambilwade vs Gajanan s/o Sanduji Ambilwade and anr.

IN CRIMINAL WRIT PETITION NO. 1202 OF 2013 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court's or Judge's orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Shri R.A.Jaiswal, advocate h/f Shri A.P.Ghulepatil, advocate for the applicant Shri P.M.Nagargoje, advocate for respondent no.1 Shri V.D.Godbharle, A.P.P. for respondent no.2 .....

CORAM : V.M.DESHPANDE, J.

DATED : 28 th January, 2015 PER COURT :- 1] This is an application for withdrawal of the amount of Rs.20,000/- deposited by the present non-applicant no.1 Gajanan, who is the original Writ Petitioner, in pursuance to the order passed by this court on 14.2.2014.

2] Learned counsel for the original petitioner Gajanan filed a reply to oppose the prayer for withdrawal of the amount. Reply is taken on record.

crap3890.14 3] I have gone through the contents of the application as well as the reply.

4] This court on 14.2.2014 stayed the execution of warrant, only on the condition the Writ Petitioner/husband depositing Rs.20,000/- in the court of Judicial Magistrate, First Class, Aurangabad. Admittedly the amount of Rs.20,000/- is deposited by the husband.

5] The present applicant/wife is fighting for her right of maintenance.

6] In that view of the matter, Criminal Application No. 3890 of 2014 is allowed. The applicant Jayshri w/o Gajanan Ambilwade is hereby permitted to withdraw Rs.20,000/- deposited in the court of Judicial Magistrate, First Class, Aurangabad in pursuance to the order passed by this court on 14.22014.

7] Criminal Writ Petition No. 1202 of 2013 to be taken on 25.2.2015.

[V.M.DESHPANDE, J.] dbm/crap3890.14