Bombay High CourtCAO/1224/2015admittedallwdgrantedrule absolute

Rukayya Samreen Syd Zahir v. Syd Jahir S/O Syd Jamiroddin

2015-10-07Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

CAO1223-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR C.A.O. NO.1223/2015 IN F.C.A. ST. NO. 9431/2015 (RUKAYYA SAMREEN SYD ZAHIR VERSUS SYD JAHIR SYD JAMIRODDIN) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.N. Ghuge, counsel for the applicant.

Shri S.K. Jagirdar, counsel for the respondent. CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : OCTOBER 7 , 2015.

Heard. Perused the contents of the application. Though the learned counsel for the respondent opposes the prayer made in the application, for the reasons stated in paragraphs 2 and 3 of the application, the delay in filing the appeal is condoned. the civil application is allowed and disposed of.

C.A.O. NO. 1224/2015.

Heard. Perused the judgment of the Family Court. Since the decree for restitution of conjugal rights is challenged in this Family Court Appeal and since the Family Court Appeal is to be decided on both, facts and law, we stay the judgment and decree during the pendency of the appeal. The civil application is allowed and disposed of. F.C.A. ST. NO. 9431/2015.

The learned counsel for the parties state that there is a likelihood of settlement through the intervention of a Mediator. The learned counsel for the parties agree that Shri A.V. Bhide, Advocate should be appointed as a Mediator. The parties undertake to appear before the Mediator on 26.10.2015 at 2.00 p.m. in the Mediation and Conciliation Centre in the High Court premises.

CAO1223-15 Stand over after six weeks for further consideration. JUDGE JUDGE APTE