Puram Parag Pawar v. Parag Ajitrao Pawar And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11312 OF 2024 Punam Parag Pawar
...Petitioner
Versus
Parag Ajitrao Pawar & Anr.
...Respondent
Mr. Hrishikesh P. Giri a/w Mr. Swapnil R. Chopade, Advocate for Petitioner.
Mr. Nitin Gaware Patil a/w Mr. Jay Salunke i/by Ameya Borwankar, for Respondent No.1.
CORAM:
MADHAV J. JAMDAR, J.
DATED :
11th September 2025 P.C.:
1.
Heard Mr. Giri, learned Counsel appearing for the Petitioner and Mr. Gaware Patil, learned Counsel appearing for the Respondent No.1.
2.
Both the learned Counsel on instructions of the respective parties who are personally present in Court submit that by consent the Writ Petition be disposed of by setting aside the impugned Orders. Mr. Gaware-Patil, learned Counsel for Respondent No.1, submits that, however, exemplary cost be imposed on the Petitioner and the learned Trial Court be directed to dispose of Petition No.A-1275 of 2017 expeditiously. On instructions of the
Respondent No.1, he states that the Respondent No.1 will give complete co-operation for disposal of said Petition expeditiously and will not seek any adjournment unless it is absolutely essential. 3.
Mr. Giri, learned Counsel for the Petitioner, on instructions of the Petitioner states that the Petitioner will pay cost of Rs.30,000/- and that the said cost will be deposited in the learned Trial Court within a period of four weeks from today. On instructions, he further states that the Petitioner will give complete co-operation for disposal of the said Petition expeditiously and will not seek any adjournment unless the same is absolutely essential. 4.
All the statements made by both the learned Counsel on instructions of the respective clients are accepted as undertakings given to the Court.
5.
Accordingly, by consent of parties, following Order is passed: (i) Impugned Orders dated 28th June 2024 passed by the learned Judge, Family Court, Pune below Exhibits 187, 189 and 1 passed in Petition No. A-1275 of 2017 (Exhibit-A/Page 18-22), Order dated 16th July 2024 passed by the learned
Judge, Family Court, Pune below Exhibit-191 in Petition A1275 of 2017 (Exhibit-B [colly]/Page 26) and Order dated 16th July 2024 passed by the learned Judge, Family Court, Pune below Exhibit-193 in Petition No. A -1275 of 2017 (Exhibit-B [colly]/Page 27) are quashed and set aside on the condition that the Petitioner to deposit cost of Rs.30,000/- before the learned Trial Court on or before 10th October 2025.
(ii) It is made clear that if the Petitioner fails to pay the cost of Rs.30,000/- on or before 10th October 2025 then the Writ Petition shall stand dismissed and all impugned Orders stands confirmed.
(iii) In case, the cost of Rs.30,000/- is deposited before the learned Trial Court, then the Respondent No.1 is permitted to withdraw the said amount.
(iv) It is clarified that as a result of setting aside impugned Orders, subject to above Clause 5(ii), by consent the Petitioner is permitted to cross-examine the Respondent
No.1 and also to examine her as witness and any other witnesses on her behalf, if she wishes to do so. 6.
Both the learned Counsel state that the said Petition No.A - 1275 of 2017 is scheduled to be listed before the learned Judge, Family Court on 15th September 2025. The learned concerned Judge of the Family Court is requested to adjourn said P.A. No.1275 of 2017 beyond 10th October 2025.
7.
The statements of the Petitioner and the Respondent No.1 that they will give complete co-operation for disposal of Petition No. A-1275 of 2017 in time bound manner and will not seek any adjournment, unless it is absolutely essential, are accepted as undertakings given to this Court.
8.
In the peculiar facts and circumstances, the learned concerned Judge of Family Court, Pune is requested to decide the Petition No. A-1275 of 2017 on or before 30th April 2026. 9.
Accordingly, the Writ Petition is disposed of in above terms. (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2025.09.11 20:52:57 +0530