The court restored two civil appeals filed by an appellant after he paid all maintenance arrears and submitted a banker's cheque for Rs.2,35,500 to the respondent-wife. The appeals were allowed and listed for future hearing.
Civil Appeals Nos. 164 and 165 of 2007 are allowed and the appeals are restored to file.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICITON
CIVIL APPLICATION NO. 164 OF 2007 IN FAMILY COURT APPEAL NO. 4 OF 2004 WITH CIVIL APPLICATION NO. 165 OF 2007 IN FAMILY COURT APPEAL NO. 5 OF 2004
Sudhir S. Mayekar ... Appellant
V/s.
Supriya Sudhir Mayekar ... Respondent
Mr. A.V. Chatuphale for the Appellant
Mr. V.B. Surve for the Respondent.
CORAM: J.N. PATEL, AND A.A. SAYED, JJ. DATE: SEPTEMEBR 10, 2007
P.C. :-
filed by the appellant.
1
and today, he has given banker's cheque bearing No. 928586 dated 8th September, 2007 for Rs.2,35,500/- (Rupees Two Lakh Thirty Five Thousand and Five Hundred) drawn on Sate Bank of India, Goregaon (East) Branch, Mumbai, in favour of the respondent-wife. Therefore, considering the reasons given in the applications, we are inclined to restore the appeals, and Civil Application Nos. 164 and 165 of 2007 are allowed. The appeals are restored to file. The appeals be listed for hearing in due course of time.
J.N. PATEL, J.
A.A. SAYED, J.
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3 issues framed by the court
Whether civil appeals filed by the appellant should be restored after payment of maintenance arrears?
What conditions need to be satisfied for restoration of civil appeals?
Whether the appeals should be restored with any special directions?
Colour shows how this judgement treated each authority
Bench decision of J.N. Patel and A.A. SayedReferred
2 provisions across 2 enactments
Sudhir S. Mayekar
Supriya Sudhir Mayekar
J.N. PATEL
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
