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Bombay High CourtIA/1121/2025disposed off

Rupal Sanjay Jain v. Sanjay Gulabchand Jain

2025-02-12Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Justice Advait M. Sethna2 pages

KAWRE KIRAN KALYAN 903-IA-1121-2025.DOC KAWRE KIRAN KALYAN Date: 2025.02.13 17:16:48 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1121 OF 2025 IN FAMILY COURT APPEAL NO. 74 OF 2024 Rupal Sanjay Jain ...Applicant

Versus

Sanjay Gulabchand Jain

...Respondents

WITH INTERIM APPLICATION NO. 9477 OF 2024 IN FAMILY COURT APPEAL NO. 74 OF 2024 Rupal Sanjay Jain ...Applicant

Versus

Sanjay Gulabchand Jain

...Respondents

_______ Mr. Akram Kapoor i/b M/s. S. Kothari & Co., for Applicant/Appellant. Mr. Tushad K. a/w Akshay Chauhan i/b Ms. Sukeshi Bhanderi for Respondents.

_______

CORAM:

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

DATE:

12 FEBRUARY 2025 P.C.

1. We have heard learned counsel for the parties.

2. This Interim Application in the First Appeal is filed by the appellant - wife who prays that the respondent - husband be directed to sign the renewal of the Leave and License agreement dated 9 February 2022 and give consent for the same.

12 February 2025 Kiran Kawre

903-IA-1121-2025.DOC 3.

The Family Court Appeal arises from the judgment and order dated 24 April 2024 passed by the learned Judge of the Family Court at Mumbai, whereby, the respondent - husband's petition for divorce has been ex parte decreed.

4.

Having perused the averments as made in the application, as an interim arrangement, we are of the opinion that it is in the interest of justice that respondent - husband be directed to sign the renewal of the Leave and License agreement dated 9 February 2022 for a period of eleven months and this shall be subject to the orders which would be passed on the present proceedings and keeping open all rights and contentions of the parties on the principal proceedings.

5.

The Interim Application is accordingly disposed of in the aforesaid terms. No costs.

6.

We shall hear the parties on the main proceeding on 21 February 2025.

7.

Let the renewal of Lease and License agreement be executed within one week from today, in the pattern the same was executed on the earlier occasion.

(ADVAIT M. SETHNA, J.) (G. S. KULKARNI, J.) 12 February 2025 Kiran Kawre