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Bombay High CourtCRA/17/2015dispossed offdismiss for default

Gaurav S/O Kailash Meshram v. Smt. Sapana W/O Gaurav Meshram

2015-07-31Hon'Ble Shri Justice A.P. Bhangale2 pages

CRA17.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CRA NO.17 OF 2015 Gaurav s/o Kailash Meshram ..vs..

Smt. Sapana W/o Gaurav Meshram Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Shri S.S. Dhengale, counsel for the applicant. Shri R.K. Borkar, counsel for the non-applicant. CORAM : A.P. BHANGALE, J.

DATE : JULY 31, 2015.

Heard.

The revision applicant is aggrieved by order dated 6.11.2014 passed below Exh.40 in H.M.P No.23 of 20134 pending on the file of learned Civil Judge Senior Division, Gondia. It appears that learned trial Judge has refused to dismiss the petition merely on the ground that subsequent petition for restitution of conjugal rights was decreed. The parties are awaiting the decision of HMP on merits and learned counsel for the parties request for expeditious hearing of HMP No.23 of 2013 pending before learned Civil Judge Senior Division, Gondia.

That being so, it would be in the interest of justice for both parties that if their .....2/-

CRA17.15 HMP is directed to be heard expeditiously and as early as possible by learned Civil Judge Senior Division, Gondia on its own merits. Hence, this Court passes the following order :-

ORDER

1) Learned Civil Judge Senior Division, Gondia is directed to dispose of HMP No.23 of 2013 expeditiously and as early as possible on its own merits according to law.

2) The parties shall appear and co-operate with the trial Court for expeditious final disposal of the pending HMP.

3) The civil revision application is disposed of accordingly.

JUDGE !! BRW !!

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