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Bombay High CourtCAF/2858/2013dispossed offdismiss for default

Jaiprakash S/O Bapurao Ogale v. Mrs. Pushpa W/O Jaiprakash Ogale

2015-06-09Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice C.V. Bhadang2 pages

FCA266-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR FAMILY COURT APPEAL NO. 266/2014 (JAIPRAKASH BAPURAO OGALE VERSUS PUSHPA JAIPRAKASH OGALE) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Paliwal, counsel for the appellant. Shri S.S. Alaspurkar, counsel for the respondents. CORAM : SMT. VASANTI A. NAIK AND C.V. BHADANG, JJ.

DATE : JUNE 9 , 2015.

Heard.

ADMIT.

Learned counsel Shri Alaspurkar waives notice of hearing on behalf of the respondent.

C.A.F. NO.2858/2013.

Heard.

We have perused the operative part of the judgment of the Family Court. The applicant-appellant has deposited a sum of Rs.1,00,000/- in this Court and it is stated on behalf of the appellant-applicant that a sum of Rs.40,000/- is deposited in the criminal proceedings that are pending in this Court. That shows, that an amount of Rs.1,40,000/- has been deposited by the applicant in this Court. Since a substantial part of the amount that is liable to be paid by the applicant is deposited by the applicant in this Court, we stay the judgment and decree of the Family Court as far as it directs the appellant to pay interim maintenance to the respondent at the rate of Rs.7,000/- per month, during the pendency of this appeal. The respondent is permitted to withdraw a sum of Rs.1,00,000/- deposited by the applicant as the amount of Rs.40,000/- is already withdrawn by the respondent.

FCA266-14 The civil application is disposed of in the aforesaid terms.

JUDGE JUDGE APTE