← Library
Bombay High CourtWP/9204/2015disposed offdismissed for default

Farjana Begum @ Umesa Shaikh Ismail v. Mohammad Abdul Rauf Mohammad Yakub And Anothers

2015-09-09Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

WP-9204.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 9204 OF 2015 Farjana Begum @ Umesa w/o Shaikh Ismail .. Petitioner versus Mohammad Abdul Rauf s/o Mohammad Yakub and another .. Respondents ----- Mr. M.D. Narwadkar, Advocate h/f Mr. R.V. Deshmukh, Advocate for petitioner Mr. Sayyad Touseef Yaseen, Advocate for respondent no. 1 CORAM :

SUNIL P. DESHMUKH, J.

9th September, 2015 ORDER:

1.

Petitioner - original opponent no. 1 aggrieved by interim order on Exhibit-5 in Miscellaneous civil application No. 441 of 2015, passed by Adhoc District Judge - 2, Beed granting custody of minor children in favour of original applicant - present respondent no. 1, is before us.

2.

After hearing matter at some length, learned counsel appearing on either side, on instructions, fairly resile to a situation whereunder the main proceedings can be decided in stead of keeping the same hanging over an interim order.

WP-9204.15 3.

Learned counsel further are amenable to that while deciding this writ petition, observations on facts and merits may not be necessary since the district court is being directed to dispose of the proceedings in Miscellaneous Civil Application No. 441 of 2015 expeditiously.

4.

Having regard to the narrations on either side, it would be expedient, since it pertains to custody of children, that the proceedings in Miscellaneous Civil Application No. 441 of 2015 be decided within a period of four weeks from the date of receipt of writ of this order.

5.

In view of aforesaid, the impugned order on Exhibit-5 in Miscellaneous civil application No. 441 of 2015, passed by Adhoc District Judge - 2, Beed on 27-07-2015 which is interim in nature stands set aside. Original proceedings bearing Miscellaneous Civil Application No. 441 of 2015 instituted by present respondent no. 1 be disposed of pursuant to the directions as aforesaid.

6.

Writ petition stands disposed of.

SUNIL P. DESHMUKH, J.

pnd