Anita Alias Mayuri Vijaykumar Suryawanshi v. Vijaykumar Murhari Suryawanshi

1 923CA8678.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 8678 OF 2019 IN MISC. CIVIL APPLICATION NO. 270 OF 2018 Anita @ Mayuri w/o Vijaykumar Suryawanshi ...Applicant

Versus

Vijaykumar s/o Murhari Suryawanshi ...Respondent .....

Mr. M. B. Sandanshiv, Advocate for the applicant Mr. S. N. Janakwade, Advocate for the respondent .....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : MARCH 10TH, 2022 PER COURT : - CIVIL APPLICATION NO. 8678 OF 2019 : - 1.

By a self-operative order passed by this Court on 03.01.2019, notice was issued to the respondent which was made returnable on 08.02.2019, inter alia directing the applicant to issue copy of the paper book to be supplied to the respondent as well as for removing objections before 14.01.2019, failing which it was directed that the application shall stand dismissed.

2.

Since the compliance of the said order has not been made, the application stood automatically dismissed. 3.

By this application, now the applicant seeks restoration of the Misc. Civil Application by contending that all the compliance has been made and the respondent's Counsel has appeared. SG Punde, PA

2 923CA8678.2019 4.

For the reasons stated in the application, the application is allowed. Delay is condoned. Misc. Civil Application No. 270 of 2018 is restored to it's original number.

MISC. CIVIL APPLICATION NO. 270 OF 2018 : - 5.

The learned Counsel for the applicant, on instructions, submits that the applicant/wife is ready to resume cohabitation with the respondent-husband. The Counsel for the respondent-husband, however, seeks time to take instructions. However, since there is some possibility of amicable settlement before the matter is referred for mediation, let the respondent's Counsel take appropriation instructions in that regard.

6.

Stand over to 30 th March, 2022 . Respondent's reply is taken on record.

[ PRITHVIRAJ K. CHAVAN ] JUDGE SG Punde, PA