The single judge allowed the withdrawal of the writ petition, permitting the petitioner to apply for modification of a lower court order regarding income assessment. The application filed at the lower court was dismissed, and costs were awarded.
Withdrawal of writ petition allowed; referral to lower court for modified order denied; costs of Rs.2000 awarded.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPLICATION JURISDICTION
Writ Petition No. 1693 of 2011
Mr.Binish Balan
.. Petitioner
v/s.
Mrs. Smitha Binish ..Respondents Mr.Rahul Singh for the petitioner
CORAM : R.Y.GANOO, J. DATED : 15th March, 2011
P.C. :
filed an application before the learned Civil Judge, Senior Division,
Kalyan, being Application dated 25.2.2011, calling upon the wife respondent to produce her original Salary Certificate and certified
copy of the bank statement. The Counsel appearing on behalf of the
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of the petitioner has not been arrived at by the learned Judge properly. In view of the above, following order is passed.
ORDER
i) Petition is allowed to be withdrawn. The petitioner is free to
make an application before the learned 4th Joint Civil Judge, Senior Division, Kalyan praying for modification of the order dated 20.1.2011 on the ground that his income is less than what has been observed by the learned Judge, and as also his wife has some income.
ii) The learned Judge shall not hear the application dated 25.2.2011 and closed the said application. The petitioner shall pay to the Legal Service Committee, Bombay the cost of Rs.2000/- (Rupees Two Thousand Only) in this petition.
iii) Cost condition precedent for proceeding to be conducted before the trial court.
Mr. Binish Balan
Mrs. Smitha Binish
R.Y.GANOO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
