Prakash S/O Balkrishna Naidu v. Sashanka W/O Prakash Naidu

5-FCA57.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

FAMILY COURT APPEAL NO.57/2019 Prakash Balkrishna Naidu Vs. Sushanka Prakash Naidu ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri V.V.Bhangde, Advocate for appellant.

Shri S.S.Dhengale Advocate for respondent.

CORAM :- A.S.CHANDURKAR AND N.B.SURYAWANSHI, JJ. DATED :- OCTOBER 29, 2020.

In this appeal, the challenge is raised to the judgment of the Family Court dated 26.11.2019 passed in Guardian and Wards Petition No. D-1/2017. The original petitioner had sought modification of the aforesaid judgment by praying that the custody of the minor daughter be handed over immediately to the petitioner to enable medical treatment to be rendered to her.

Shri V. V. Bhangde, learned counsel for the appellant submits that during the pendency of the appeal, the decree in question has been executed as a result of which presently the minor daughter is in custody of the appellant. Shri S.S.Dhengale, learned counsel for the respondent does not dispute this position. In view of the fact that the reliefs sought in the present appeal do no survive now for being granted to the appellant, this appeal stands disposed of. The parties shall bear their own costs.

Pending civil application shall also stand disposed of.

JUDGE JUDGE Andurkar..