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Bombay High CourtMCA/156/2017disposed offdismissed for default

Surekha Lingeshwar Khurpe v. Lingeshwar Siddheshwar Khurpe

2017-10-05Hon'Ble Shri Justice Nitin W. Sambre3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD MISC. CIVIL APPLICATION NO. 156 OF 2017 Surekha w/o Lingeshwar Khurpe, Age: 52 years, Occ: Household, R/o. Majalgaon, Tq. Majalgaon, Dist. Beed. At/p. Residing at Rangar Galli, Gangakhed, Tq. Gangakhed, Dist. Parbhani.

..APPLICANT

VERSUS

Lingeshwar s/o Siddheshwar Khurpe, Age: 57 years, Occ: Business & Agri., R/o. Samata Colony, Beed Road, Majalgaon, Tq. Majalgaon, Dist. Beed.

..RESPONDENT Mr M.V. Ghatge, Advocate for applicant;

Mr B.S. Kudale, Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 5th OCTOBER, 2017 ORAL ORDER :

Mr. Kudale, learned Counsel for the respondent, upon instructions, makes undertaking that the entire arrears of maintenance @ Rs.2000/- per month excluding the amount, which is already paid, will be deposited in the Court of Civil Judge, Senior Division, Majalgaon, District Beed

(2) within a period of two months from today.

2.

The above referred undertaking is accepted.

3.

If the amount is deposited in the Court of Civil Judge, Senior Division, Majalgaon, District Beed, the applicant should be permitted to withdraw the same.

4.

The proceedings referred to in prayer clause (A) (B), (C) and (D) be heard together and it is directed that all four proceedings be posted on the same date as jointly prayed, so as to enable the applicant to attend the said proceedings at Majalgaon.

5.

The respondent undertakes that on each date, when the applicant will visit Majalgaon for attending the proceedings, he shall deposit the amount of Rs.2000/-, which the applicant will be entitled to.

6.

He further undertakes that he shall

(3) continue to deposit such amount till final disposal of aforesaid proceedings.

7.

The respondent shall initially deposit amount of Rs.4000/- within period of four weeks from tody and thereafter continue to deposit amount of Rs.2000/- on each date.

8.

Learned Court below shall ensure that the amount of Rs.2000/- is paid to the applicant on each date when she attends the proceedings.

9.

If undertaking as recorded is not honoured in relation to deposit of arrears of maintenance and expenses within time stipulated as herein above, the application shall be deemed to have be granted in accordance with the prayer clause (A) to (D).

10.

Misc. Civil Application stands disposed of in above terms.

( NITIN W. SAMBRE, J.) Tupe