Vaishali Sarang Shikkenis Alias Vaishali Mukundrao Wagh v. Sarang Suresh Shikkenis

912.MCA.140.2024.doc HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.140 OF 2024 Vaishali Sarang Shikkenis @ Vaishali Mukundrao Wagh .. Applicant

Versus

Sarang Suresh Shikkenis .. Respondent ....................

 Mr. Eknath Dhokale, Advocate for Applicant.

 Mr. Sarang Suresh Shikkenis, Respondent in-person present. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : AUGUST 28, 2024 P.C.

:

1.

Heard Mr. Dhokale, learned Advocate for Applicant and Mr. Shikkenis, Respondent in-person.

2.

After hearing Mr. Dhokale and perusing the grounds of hardship, the Applicant has made out a case for allowing the Application.

3.

However Respondent - Mr. Sarang Suresh Shikkenis appears in-person and would make a request to the Court that he needs to file an Affidavit-in-Reply and place on record certain facts which will disentitle the Applicant from seeking any relief in the present Application.

4.

Record indicates that the Affidavit of service has been filed on 11.12.2023 and it clearly states that notice has been served on

912.MCA.140.2024.doc Respondent by email and also by registered A.D. Today, the Respondent making a request that he may be allowed to file a reply and also be allowed to be represented by an Advocate is completely incongruous in view of almost nine months having been lapsed from the date of service on him.

5.

The request made by the Respondent cannot be countenanced by the Court. However on the Application made by Respondent appearing in-person, I am permitting him to file his Affidavit-in-Reply, if he so desires within a period of two days from today. The Affidavit-in-Reply shall be placed before this Court on the next adjourned date. He can also be represented by his Advocate. This Application, as also, the grounds stated in the Application are such that the hearing of this Miscellaneous Civil Application cannot be protracted any further. There is a minor daughter which is to be taken care of by Applicant and in that regard any further protraction would not only be detrimental but prejudicial to the rights of Applicant. 6.

Adhering to the request made by Respondent appearing inperson, the Application is posted for hearing on 30th August, 2024 at 10:30 a.m. To be placed under the caption 'First on Board'. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2024.08.29 13:35:59 +0530 HARSHADA HANUMANT SAWANT