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Bombay High CourtFCA/50/2018disposed offdismissed for default

Usha Sandeep Sanap v. Sandeep Bapurao Sanap

2018-06-14Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8603 OF 2017 IN/WITH FAMILY COURT APPEAL (ST)NO. 23461 OF 2016 WITH CIVIL APPLICATION NO. 8604 OF 2017 IN FAMILY COURT APPEAL (ST)NO. 23461 OF 2016 Sau. Usha w/o Sandeep Sanap, Age: 32 years, Occ: Service, R/o. Om Niwas, Bhoomi Parisar, Kodri Road, Gangakhed, Tq. Gangakhed, Dist. Parbhani, C/o. Bhagwan Rambhau Gitte, Mb. No. 8308474128 ..APPELLANT

VERSUS

Sandeep s/o Bapurao Sanap, Age: 37 years, Occ: Labourer, R/o. Saurabh Building, B-5, Shivnagar, Gadiya Vihar Road, Aurangabad, Mb. No. 9975898856 ..RESPONDENT Mrs Renuka V. Ghule-Palve, Advocate for appellant; CORAM : PRASANNA B. VARALE & S. M. GAVHANE,JJ.

DATE : 14th JUNE, 2018 ORAL ORDER :

Mr. Renuka Ghule-Palve, learned Counsel

(2) appearing for the appellant submitted that the appeal was filed challenging the order passed by learned Judge of the Family Court, Aurangabad dated 12th May, 2016 thereby allowing the petition and directing the respondent to restitute conjugal rights. She submitted that on application seeking condonation of delay, notice was issued by this Court. She then invited our attention to the copy of the order passed by learned Judge of the Family Court dated 20th November, 2017. By the said order, learned Judge of the Family Court allowed the petition filed by the petitioner-wife. Learned Judge of Family Court by the said order was pleased to dissolve the matrimonial tie between the parties by mutual consent divorce. As such, nothing remains in the present appeal. She prays for withdrawal of the appeal.

2.

In view of submission of learned Counsel appearing for the appellant, the appeal is allowed to be withdrawn. The appeal is disposed of as withdrawn.

(3) 3.

Needless to state that in view of disposal of the appeal, no orders are required to be passed on the civil applications seeking condonation of delay and interim orders. As such, same are disposed of.

(S. M. GAVHANE) (PRASANNA B. VARALE) JUDGE JUDGE Tupe