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Bombay High CourtCA/12123/2013disposed offdismissed for default

Nishad Sanjay Deshpande v. Sanjay Madhukarrao Deshpande And Another

2017-09-01Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

1 ca 12123.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12123 OF 2013 IN FAMILY COURT APPEAL NO. 36 OF 2014 Nishad Sanjay Deshpande .. Applicant

Versus

Sanjay Madhukarrao Deshpande and another .. Respondents Shri Rahul S. Joshi, Advocate for the Applicant. Shri Milind K. Deshpande, Advocate for the Respondent No. 1. Shri L. B. Deshmukh, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE : 01ST SEPTEMBER, 2017.

FINAL ORDER :

.

Heard the learned counsel for respective parties. The applicant is seeking enhanced amount to cater to his educational expenses. The relationship is undisputed. The respondent No. 1 is the father of the present applicant. The respondent No. 1 is not ready to pay reasonable lump-sum amount to meet the educational expenses of the applicant. The family court appeal is admitted.

2.

Though the applicant has sought injunction to restrain the

2 ca 12123.13 non applicant No. 2 not to hand over the voluntary retirement benefit to the non applicant No. 1, it would not be possible to grant blanket order, however, non applicant No. 1 can be restrained from withdrawing reasonable amount. 3.

In the light of the above, we pass following order. 4.

Pending hearing and final disposal of Family Court Appeal No. 365 of 2014, the non applicant No. 2 shall withhold an amount of Rs. 3,00,000/- (Rs. Three Lacs only) from the amount due and payable to the non applicant No. 1 on account of voluntary retirement benefit. The civil application is disposed of. [MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/Sept. 17