Aslam Badshah Sayyad v. Bilkish Aslam Syed

921-REVN-385-2025 (CR).doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CR. REVISION APPLN. NO. 385 OF 2025 Aslam Badshah Sayyad

VERSUS

Bilkish Aslam Syed and ors Mr. Nagesh Chavan, a/w Ms. Ankita Chindage a/w Mr. Abhang Suryawanshi Advocate for Applicant Mr. D. M. Latake, Advocate for Respondent no. 1 Mr. Nitin B. Patil, APP for the respondent-State CORAM : SACHIN S. DESHMUKH, J.

DATE : 24th APRIL, 2026.

P. C. :

1.

The Applicant shall deposit the demand draft of Rs. 5,86,000/- towards the arrears of maintenance in the Registry of IRESH MASHAL this Court during the course of the day and Registry shall ensure its Digitally signed by IRESH MASHAL Date:

2026.04.27 11:29:20 +0530 remittance to the concerned Court, forthwith. 2.

Learned counsel for the Applicant submits that the order rendered by the Additional Sessions Judge, Ichalkaranji in P.W.D.V. Appeal No. 29/2022 is ex-parte. As such, in order to give necessary opportunity, it will be appropriate to remand the matter to the concerned Court, in the interest of justice.

3.

When confronted with the order under challenge being exparte, learned counsel for the Respondents confirms the said Iresh 1 of

921-REVN-385-2025 (CR).doc position.

4.

In that view of the matter, the order under challenge dated 29/11/2025 rendered by Additional Sessions Judge, Ichalkaranji in P.W.D.V. Appeal No. 29/2022 is quashed and set aside. 5.

In view of the aforestated aspect, the proceedings were exparte, in interest of justice, opportunity deserves to be extended to the Applicant. However, subject to payment cost of Rs. 25,000/- (Twenty Five Thousand) will have to be deposited by the Applicant before the concerned Court within period of two weeks. The deposit of the said amount shall be condition precedent, failing which the order under challenge will stand revived. Needless to state that, it will be open to the Respondent to withdraw the amount towards maintenance and cost.

6.

The parties shall appear before the concerned Court on 10/06/2026. Needless to state that Revisional Court shall decide the Revision on its own merits, in accordance with law. 7.

Revision Application stands disposed of in above terms. [SACHIN S. DESHMUKH, J.] Iresh 2 of