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Bombay High CourtCA/16216/2015disposed offdismissed for default

Sau.Anjali Sagar Dahitule v. Shri.Sagar Sanjay Dahitule

2015-12-14Hon'Ble Shri Justice Sunil P. Deshmukh2 pages

{1} mca153-15 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD MISCELLANEOUS CIVIL APPLICATION NO.153 OF 2015 WITH CIVIL APPLICATION NO. 16216 OF 2015 Anjali Sagar Dahitule APPLICANT

VERSUS

Sagar Sanjay Dahitule RESPONDENT .......

Mr. Anand P. Bhandari, Advocate for the applicant Mr. K. D. Jadhav, Advocate for the respondent .......

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 14 th DECEMBER, 2015 ORDER :

1.

Learned advocate for the respondent informs that as a matter of fact, the proceedings of which transfer is sought are being withdrawn by him and has accordingly filed pursis for withdrawal before 2nd Joint Civil Judge, Senior Division, Kalyan in M.P. No.969 of 2015.

2.

Learned advocate for the applicant has, however, reservations about such intention. He, therefore, wants to make submissions on withdrawal as far as those proceedings are concerned, which are pending at Kalyan.

{2} mca153-15 3.

In the circumstances, it is open for the parties to go ahead with the proceedings which are pending at Kalyan and have a decision on the pursis filed by the respondent. There would not be any impediment in going ahead with the proceedings pending at Kalyan for the purpose referred to above.

4.

In the meanwhile, on the last date, possibility was being examined of amicable resolution of dispute through mediation. However, the applicant has apprehensions about settlement of dispute through mediation and as such, intends not to proceed with the same. In view of the same, order dated 9th December, 2015 stands recalled.

5.

Stand over to 17th February, 2016.

6.

In view of aforesaid, civil application No.16216 of 2015 stands disposed of.

[SUNIL P. DESHMUKH, J.] drp/mca153-15