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Bombay High CourtWP/10703/2017disposed offdismissed for default

Suchita Newal @ Vaibhav Gawate v. Newal @ Vaibhav Namdeorao Gawate

2018-02-05Hon'Ble Shri Justice V.K. Jadhav2 pages

55-WP-10703-2017 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 55 WRIT PETITION NO. 10703 OF 2017 SUCHITA W/O NEWAL @ VAIBHAV GAWATE

VERSUS

NEWAL @ VAIBHAV S/O NAMDEORAO GAWATE .....

Advocate for the Petitioner : Mr. Hemant S. Surve Advocate for the Respondent : Mr. P. K. Lahotiya .....

CORAM : V. K. JADHAV, J.

DATED : 5th FEBRUARY, 2018 PER COURT:- 1.

Heard.

2.

By consent of the parties, this Petition can be disposed of. 3.

The learned counsel for the respondent-husband, on instructions, submits that due to pendency of the proceedings before the Family Court since 2014, the respondent-husband has no objection if the Application Exhibit 115 is allowed in terms of its prayer clauses. He further submits that after recording of the evidence of the witness, the learned Judge of the Family Court may be directed to dispose of the Petition No.A-323 of 2014 expeditiously.

55-WP-10703-2017 -24.

In view of the above, I proceed to pass the following order:

ORDER

I.

The Writ Petition is hereby allowed. No costs. II.

The impugned order dated 15th June, 2017 is hereby quashed and set aside.

III.

The Application Exhibit 115 is allowed in terms of its prayer clauses.

IV.

The learned Judge of the Family Court is hereby directed to dispose of the pending Petition as expeditiously as possible, preferably within a period of three months after recording the evidence of the witness as per Exhibit 115.

V.

The Writ Petition is accordingly disposed of. ( V. K. JADHAV, J.) vre/