Prakash Iragaunda Patil v. Mayuri Prakash Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2669 OF 2025 Prakash Iragaunda Patil

...Petitioner

Versus

Mayuri Prakash Patil

...Respondent

Mr. Kuldeep Singh, Advocate i/by Karmarkar & Associates for Petitioner.

Ms. C.S. Gongane, Advocate for the Respondent.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

13th March 2025 P.C.:

1.

Yesterday, Mr. Karmarkar, learned Counsel for the Petitioner mentioned this matter at 10.30 a.m. for withdrawal of the Writ Petition and accordingly, this Court passed following Order on 12th March 2025:

"1.

Mr. Karmarkar, learned Counsel appearing for the Petitioner states that the Petitioner is present in Court and on the instructions of the Petitioner, he states that the Petitioner is not interested in prosecuting the Writ Petition.

2.

Accordingly, the Writ Petition is allowed to be withdrawn and dismissed as such."

2.

Yesterday, in the evening the matter is mentioned by Ms. Gongane, learned Counsel for the Respondent and she submitted

that without giving any notice to the Respondent, the matter has been withdrawn. She further submitted that a learned Single Judge by Order dated 18th October 2024 has accepted the statement of the Petitioner, that the Petitioner would pay Rs.1.00 Lakh towards arrears of maintenance within a period of four weeks and said statement has been accepted as an undertakings given to this Court.

3.

As the Order dated 18th October 2024 has not been pointed out to this Court, when the order dated 12th March 2025 has been passed, said order dated 12th March 2025 is recalled and the said Writ Petition is restored to file of this Court. 4.

As the undertaking given to this Court is violated, Mr. Prakash Iragaunda Patil, the Petitioner to remain present in this Court on 18th March 2025. It is made clear that if Mr. Prakash Iragaunda Patil fails to remain present in the Court, then this Court will be constrained to adopt further steps for securing presence of Mr. Prakash Iragaunda Patil.

5.

Stand over to 18th March 2025. To be shown fairly high on supplementary board.

(MADHAV J. JAMDAR, J.)