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Bombay High CourtWP/7617/2025disposed off

Mamta Sudhir Poojary v. Sudhir Ramappa Poojary

2025-06-18Hon'Ble Shri Justice N. R. Borkar2 pages

907-WP-7617-2025(D).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7617 OF 2025 Mamta Sudhir Poojary

...Petitioner

Versus

Sudhir Ramappa Poojary

...Respondent

.................................................................................. Ms. Seema Sarnaik, Senior Advocate, a/w Ms. Rupali Naik and Mr. Ritesh Wagh, for the Petitioner.

................................................................................... CORAM : MANJUSHA DESHPANDE, J.

DATE : 18th JUNE, 2025 P.C. :- 1.

The Petitioner is challenging the order 17.01.2025, below Exhibit 39, passed by the 6th Family Court, Bandra, Mumbai, wherein the application for framing additional issues filed by the Respondent has been rejected.

2.

It is the contention of the Petitioner that the amendment in the Written Statement was allowed by the Family Court, accordingly, the amendment was carried out by the Respondent in the Written Statement. On the basis of the amended Written Statement, she wanted the Court to frame additional issues, which were made out in her application. The additional issues are necessary to avoid multiplicity of proceedings.

KARTIKEYA

907-WP-7617-2025(D).odt 3.

Issue notice to the Respondent, returnable on 23rd July, 2025.

4.

Ms. Sarnaik, the learned Senior Advocate appearing for the Petitioner, is also seeking amendment to the order dated 16.05.2025 passed by the Family Court. She further seeks leave to add a date to paragraph no. 13, in the last line, in addition to the date mentioned as 17.01.2025 to include an order dated "16.05.2025". The amendment shall be carried out within a period of two weeks from today, and after carrying out of amendment, the notice shall be issued to the Respondent, which is made returnable within a period of three weeks.

5.

In addition to the Court notice, the Petitioner is at liberty to serve the Respondent by a permissible private mode and file an affidavit before the returnable date.

6.

In the meanwhile, there shall be an ad-interim relief in terms of prayer clause (c) till the returnable date. [ MANJUSHA DESHPANDE, J.] KARTIKEYA