Mangesh Ashokrao Dhage v. Yogita Mangesh Dhage
2025:BHC-AUG:21682 1013-wp-12339-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD 1013 WRIT PETITION NO. 12339 OF 2024 Mangesh Ashokrao Dhage, Age : 41 Years, Occu : Private Service, Flat No.C-601, River Residence, Dehu-Alandi Road Chikhli, Pune, at present c/o Ambalal Patil, Old Adalat Road, Laxmi Nagar Dakshin, Moshi, Pune Dist. Pune
...Petitioner
VERSUS
Yogita Mangesh Dhage, Age : 35 Years, Occu:-Govt. Service, R/o:- C/o Satish Gangadhar Burse Vidyanagar, at Shevgaon, Tq. Shevgaon, Dist. Ahmednagar
...Respondent
...
Mr. Nitin S. Bhagiratha Kadarale, Advocate for the Petitioner Ms. Yogita M. Dhage, Party-in-Person/Respondent ...
CORAM :
ROHIT W. JOSHI, J.
DATE :
7th AUGUST, 2025 ORAL JUDGMENT :
1.
The present petition is filed challenging order dated 02.05.2024 passed by the learned 10th Joint Civil Judge, Senior Division, Ahmednagar rejecting the application for rejection of plaint filed by the present petitioner vide 'Exhibit-16' in Hindu Marriage Petition (HMP) No. 152 of 2019. If the Application at 'Exhibit-16' is allowed the same will have result of termination of HMP No. 152 of 2019. The impugned order is amenable to revisional jurisdiction of this Court under Section 115 of the Civil Procedure Code.
Narwade/
1013-wp-12339-2024.odt 2.
The learned Counsel for the petitioner makes a motion to permit him to convert present petition into Civil Revision Application. The impugned order is dated 02.05.2024 and the petition is filed on 03.10.2024. The date on which certified copy of the impugned order was obtained is not clear from the record. Petition appears to be filed after limitation prescribed for filing Civil Revision Application. In that view of the matter rather than granting permission for conversion, it will be appropriate to grant liberty to the petitioner to file Civil Revision Application challenging impugned order. Writ Petition is disposed of with liberty to the petitioner to file Civil Revision Application in order to challenge order dated 02.05.2024 impugned in the present petition. 3.
Interim order dated 18.11.2024 passed by this Court granting stay to HMP No.152 of 2019 is extended till 01.09.2025. [ROHIT W. JOSHI J.] Narwade/