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Bombay High CourtCA/9739/2015disposed offdismissed for default

Kavita Sanjaysing Bahure v. Sanjaysing Motilal Bahure And Others

2015-10-09Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 9739/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No. 9739 of 2015 In Civil Application No.3934 of 2014 In Second Appeal No.268 of 2014.

Kavita d/o Sanjaysingh Bahure.

.. Applicant.

Versus

Sanjaysingh s/o Motilal Bahure And Others.

.. Respondents.

-------- Shri. Rajendra S. Deshmukh, Advocate, for applicant. Shri. Ajit D. Kasliwal, Advocate, for respondent Nos.1 to 5. -------- CORAM: T.V. NALAWADE, J.

DATE : 9th OCTOBER 2015 ORDER:

1) The application is filed for modification of order made by this Court dated 19-12-2014 in Civil Application No.3934 of 2014. The application was filed by Sanjaysingh for sending blood for DNA test. It is submitted that this Court directed to bear the expenses for D.N.A. test and directed him to deposit Rs.5,000/-.

2 CA 9739/2015 2) It appears that, till today the blood samples are not sent. Learned counsel for the respondent submits that he though that amount of Rs.5000/- will be sufficient or no amount will be required for such test but when it transpired that amount of at least Rs.25,000/- is required, Sanjaysingh though it proper not to go for DNA test. It is submitted that Sanjaysingh does not want to go for DNA test. In view of these circumstances it is to be presumed that Sanjaysingh does not want to go for DNA test and accordingly the order dated 19-12-2014 is modified and the application filed by Sanjaysingh stands rejected. Present application also stands disposed of. Sd/- (T.V. NALAWADE, J. ) rsl