The High Court disposed of an appeal and related notices of motion following the withdrawal of underlying family suits by the respondent. The underlying suits, one dismissed and the other withdrawn, were also dismissed with liberty to file fresh suits.
Suit dismissed as withdrawn; appeal disposed of in terms.
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dssherla
7-nmal-2734-16 @ appel-343-16 suit-5-15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L) NO. 343 OF 2016 IN NOTICE OF MOTION NO. 12 OF 2015 IN
PARSI SUIT NO. 5 OF 2015
WITH NOTICE OF MOTION (L) NO. 2734 OF 2016 AND PARSI SUIT NO. 5 OF 2015
Kamalrukh Tehmul Sethna .. Appellant/Plaintiff V/s. Tehmul Sethna .. Respondent/Defendant. And Ms Devina Panchal and ors. ..Co-Respondents/Co-defendants
Ms Seema Sarnaik a/w. Ms Rohini Pandit for the Appellant. Ms Sanobar Nanavati for the Respondent.
CORAM: DR. MANJULA CHELLUR, C.J. AND M.S.SONAK, J. DATE : 28 SEPTEMBER 2016.
P.C.
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dssherla 2 7-nmal-2734-16 @ appel-343-16 suit-5-15
master of his cause is permitted to withdraw the said Suit. Accordingly, Parsi Suit No. 24 of 2015, which is now to be transferred to Surat by virtue of impugned order, is dismissed.
3] Similarly, Parsi Suit No. 5 of 2015 initiated at the instance of petitioner-wife for divorce is also withdrawn. Accordingly, the same is also dismissed as withdrawn.
4] Both the suits are dismissed by reserving liberty to file fresh suits, in accordance with law.
6] In view of disposal Appeal (L) No. 343 of 2016, Notice of Motion (L) No. 2734 of 2016 do not survive and the same is disposed of accordingly.
( CHIEF JUSTICE)
(M.S.SONAK, J.)
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Kamalrukh Tehmul Sethna
Tehmul Sethna
Dr. Manjula Chellur
M.S. Sonak
As recorded by the court registry
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