Pravin Shrirang Khandare v. Nandini Urf Nanda Pravin Khandare

106.228.24 ao.docx Iresh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 228 OF 2024 WITH INTERIM APPLICATION NO. 17608 OF 2023 IN APPEAL FROM ORDER NO. 228 OF 2024 Pravin Shrirang Khandare .....Appellant Vs.

Nandini Urf Nanda Pravin Khandare .....Respondent Mr. Aniesh S. Jadhav Advocate for the Appellant (appointed) Ms. Vanita H. Sangole for the respondent CORAM : GAURI GODSE, J.

DATE :

3rd MARCH 2025 ORDER:

1.

Mentioned out of turn by learned advocate for the appellant. 2.

This appeal challenges the order dismissing the Misc. Civil Appeal filed under Order XLIII Rule 1 of Code of Civil Procedure, 1908 ('CPC'). Misc. Civil appeal was filed in the District Court to challenge the order passed below Exhibit 5 in a suit. The order passed below IRESH MASHAL Exhibit 5 is under Order XXXIX Rule 1 of CPC. Hence, the present Digitally signed by IRESH MASHAL Date:

2025.03.05 12:52:10 +0530 appeal is not maintainable.

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106.228.24 ao.docx 3.

The appeal is therefore, dismissed. The appellant is at liberty to adopt appropriate proceedings as permissible in law. 4.

In view of disposal of appeal, pending interim applications, if any, are disposed of as infructuous.

[GAURI GODSE, J.] 2/2