Bombay High CourtCAO/119/2015dispossed offdismiss for default

Sudhakar S/O Kisan Gaikwad v. Smt. Jyotsna W/O Sudhakar Gaikwad

2015-03-20Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

2003cao119.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION O. NO.119/2015 IN FAMILY COURT APPEAL NO.312/2014 Sudhakar s/o Kisan Gaikwad ...Versus...

Smt. Jyotsna w/o Sudhakar Gaikwad - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Ghawde, Adv. h/f Shri D.M. Kale Adv. for appellant Ms Godbole, Adv. h/f Shri S.T. Godbole, Advocate for respondent/applicant CORAM : SMT. VASANTI A. NAIK AND A.M. BADAR, JJ.

DATE : 20.03.2015 By this civil application, the respondent/applicant seeks vacation of stay granted by this Court on 30.6.2014 and confirmed on 29.10.2014 on the ground that the appellant has not complied with the interim order and has not deposited 50% of the arrears of maintenance @ Rs.4,000/- per month and has also not further deposited a sum of Rs.4,000/- per month regularly.

Though the aforesaid submission is made, the application does not state that the appellant has not deposited 50% of the arrears of maintenance @ Rs.4,000/- per month. It is only stated that the appellant has not deposited 50% of the arrears of maintenance.

2003cao119.15.odt The learned Counsel for the appellant states that the appellant has deposited 50% of the arrears of maintenance @ Rs.4,000/- per month and is regularly depositing a sum of Rs.4,000/- per month in the Family Court. Some receipts are also tendered in the Court for perusal.

Be that as it may, we would not like to decide the issue whether the entire amount as directed by this Court by the orders dated 30.6.2014 and 29.10.2014 is deposited by the appellant or not. If the appellant has not deposited the said amount, the respondent/applicant is free to execute the decree. With the aforesaid observations, we dispose of the civil application.

JUDGE JUDGE Wadkar