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Bombay High CourtCA/13228/2017disposed offdismissed for default

Swapnil Pravin Kota v. Veena Swapnil Kota Alis Veena Ashok Gorantyal

2017-11-07Hon'Ble Shri Justice Nitin W. Sambre2 pages

ca13228.17 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13228 OF 2017 IN MISC. CIVIL APPLICATION NO.129 OF 2017 Swapnil s/o Pravin Kota ..APPLICANT

VERSUS

Mrs. Veena w/o Swapnil Kota @ Veena Ashok Gorantyal ..RESPONDENT Mr Sudhir Hardikar, holding for Mr S.S. Chapalgaonkar, Advocate for applicant;

Mr S.P. Shah, Advocate holding for Mr R.S. Dhamangaonkar, Advocate for respondent CORAM : NITIN W. SAMBRE, J.

DATE : 7th November, 2017 ORAL ORDER:

By the present application, the applicant seeks modification of the order dated 19th September, 2017, passed by this Court in Misc. Civil Application No.129 of 2017, particularly observations made in paragraph 5 of the order.

2.

The modification as prayed for, in my opinion, is not warranted, for the reason that if out of the amount deposited any amount remains balance with the Court at Solapur, it shall be open for the present applicant to apply before the said Court for withdrawal of such amount. If such prayer is made, the Court below with whom the amount is lying, shall decide the same after considering the prevailing circumstances.

ca13228.17 (2) 3.

In view of above observations, Civil Application stands disposed of. (NITIN W. SAMBRE, J.) amj