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Bombay High CourtIA/8041/2024disposed off

Rajkumar Narsinha Katakdhond v. Vishal Rajkumar Katakdhond(Minor)Thr.Their Guar.Mother

2025-03-13Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

Digitally signed by PRASHANT VILAS RANE Date:

2025.03.24 11:55:47 +0530 PRASHANT VILAS RANE 904-IA-8041-24-THREE INTERIM APPLICATION.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.8041 OF 2024 IN FAMILY COURT APPEAL NO.146 OF 2017 Rajkumar Narsinha Katakdhond ..Applicant In the matter between Kum. Mayuri Rajkumar Katakdhond & Ors. ...Appellants VS Shri.Rajkumar Narsinha Katakdond.

..Respondent WITH INTERIM APPLICATION NO.1834 OF 2024 WITH INTERIM APPLICATION NO.8111 OF 2024 WITH INTERIM APPLICATION NO.8109 OF 2024 WITH INTERIM APPLICATION (st) NO.36852 OF 2024 __________ Mr.Srinivas Chakravarty with Rajesh Sahani, for the Applicant. Mr. V. R. Kusale, for the Respondents 1 to 3. __________ CORAM :

G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE :

13 March 2025 P.C.:

1.

We have heard learned Counsel for the applicant on the Interim Applications. Learned Counsel for the applicant would fairly submit that the contentions as urged on behalf of the applicant in the present interim application would, in fact, require this Court to review and reconsider the order dated 19 June 2018.

2.

In this view of the matter, learned Counsel for the applicant fairly states that the applicant, intends to move a review petition to be taken up by the appropriate Bench so as to consider review of the order dated 19 P. V. Rane

904-IA-8041-24-THREE INTERIM APPLICATION.odt June 2018 passed by this Court.

3.

We, accordingly, permit the applicant to withdraw these interim applications with liberty to move a review petition seeking review of the order dated 19 June 2018 passed on Civil Application No.67 of 2017. All contentions of the parties in that regard are expressly kept open. 4.

At this stage, learned Counsel for the applicant submits that coercive actions are likely to be taken in execution proceedings merely for the reason that from January 2025 the maintenance amount is not paid and all the three children are major. He says that the daughter has already completed her MBBS and is in the process of preparing herself for post graduate studies, the second son is studying in the final year MBBS and the third son is studying law.

5.

In this view of the matter for a limited purpose of filing review petition, we direct the Family Court not to take coercive action against the applicant in the execution proceeding as filed by the respondents, for a period of three weeks from today. Such protection would in no manner is an expression on the merits of the rival contentions, as all such contentions are kept open to be urged in the review petition to be filed by the applicant.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.] P. V. Rane