Sau. Rukhamini Pandhari Mopkar And Others v. Pandhari Pundlik Mopkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Criminal Writ Petition No.37 of 2015 (Sau. Rukhamini Mopkar and others V Pandhari Mopkar) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

[Shri Rahul Kurekar, Adv for petitioners.

Shri S.D. Chande, Adv for respondent] CORAM : A.B. CHAUDHARI, J.

DATED : 25.06.2015.

Heard.

The interlocutory order granting stay pending decision of the appeal filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005, is under challenge in the present Writ Petition.

Shri Kurekar, the learned Counsel for the petitioners submits that the amount of Rs. 75,000/- as pre-condition by way of interim order for grant of stay has also not been deposited before the Sessions Court.

However, I find that the appeal is till pending before the Sessions

Court and is not yet decided. Hence, I make the following order :- Order A] Criminal Writ Petition No.37 of 2015 is disposed of with a direction to the learned Sessions Judge to dispose of the Criminal Appeal No.35 of 2014 pending before the Additional Sessions Judge, Washim, within a period of four months from today.

B] The learned Sessions Judge shall also consider the fact about deposit or non-deposit of the amount of Rs. 75,000/- while deciding the appeal.

JUDGE Deshmukh