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Bombay High CourtAO/5/2022disposedoff

Amol S/O Sudhakar Nagrale v. Kokila W/O Amol Nagrale

2024-03-04Hon'Ble Shri Justice Anil L. Pansare2 pages

2024:BHC-NAG:2562 3-AO-5-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

APPEAL AGAINST ORDER NO. 5 OF 2022 (Amol s/o Sudhakar Nagrale Vs. Kokila w/o Amol Nagrale) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri A.J. Gilda, Counsel for the respondent.

.....

CORAM : ANIL L. PANSARE, J.

MARCH 4, 2024.

On previous date, the following order was passed :

"The learned Counsel for the appellant submits that pursuant to the order passed by the First Appellate Court, the proceeding filed under the provisions of the Hindu Marriage Act before the trial Court was restored. Subsequent thereto, the Family Court was established and the proceeding pending before the Civil Judge, Senior Division was transferred to the Family Court. The learned Counsel appearing before the trial Court lost track of the case and, therefore, the proceeding pending before the Family Court has been dismissed as not prosecuted.

2] Thus, as on date, the original proceeding is not in existence. In the circumstances, the learned Counsel for the appellant seeks eight weeks time as a last chance to get the proceeding revived failing which he submits that he will not press for order in the present appeal.

3] With the aforesaid understanding, stand over to 4/3/2024."

2] None appears for the appellant. It appears that the proceedings before the Family Court, Yavatmal have been not revived.

3-AO-5-2022 3] In absence of existence of original proceedings, decision in the present appeal will be inconsequential. No order, therefore, is called for. 4] The appeal is disposed of as infructuous.

(ANIL L. PANSARE, J.) Sumit