Bombay High CourtWP/1153/2015dismissedrule discharged

Vivekanand S/O Gopalkrushna Kharkate v. Sau. Sneha W/O Vivekanand Kharkate

2015-09-16Hon'Ble Shri Justice Ravi K. Deshpande1 pages

1609wp1153.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1153 of 2015 (Shri Vivekanand s/o Gopalkrushna Kharkate v. Sau. Sneha w/o Vivekanand Kharkate) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.P. Thakare, Advocate for Petitioner.

Shri R.M. Pande, Advocate, holding for Shri S.P. Bhandarkar, Advocate for Respondent.

Coram : R.K. Deshpande, J.

Date : 16 th September, 2015 The petitioner has an alternate remedy of filing an appeal under Order XLIII, Rule 1(r) of the Civil Procedure Code (Bombay Amendment) to challenge the order passed under Order XXXIX, Rule 11 of the Code. Hence, the petition is dismissed on that ground only. The petitioner is at liberty to file such appeal. The amount withdrawn by the respondent shall be open for adjustment, if any such occasion arises.

Judge.

Lanjewar