Petition rendered infructuous due to eventual disposal of underlying Family Court petitions via substantive appeal. Writ petition disposed of with liberty to raise contentions in appeal.
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9-WP-516-15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 516 OF 2015 WITH CIVIL APPLICATION NO. 456 of 2015
Pradeep T. Datwani .. Petitioner vs. Mansi D. Datwani .. Respondent
Ms Naira Jeejeebhoy i/b. Mrs. Taubon Irani and Mr. Himanshu Nagarkar for Petitioner. Ms Vaishali Thorat i/b. Mr. Prakash Mahadik for Respondent.
CORAM : M. S. SONAK, J. DATE : 19 AUGUST 2016
P.C :
1] The challenge in this petition is to the order dated 16 August 2014 made by the Family Court No. 2, Mumbai, in the course of proceedings in petition nos. A-1059 of 2005 and A-1429 of 2005.
2] The aforesaid two petitions have been finally disposed of by
common judgment and order dated 17 November 2015. As against this common judgment and order, the petitioner herein has already instituted a substantive appeal.
3] In view of the aforesaid developments, reliefs applied for in the present petition have been rendered substantially infructuous. However, in case, the petitioner desires to take up the contentions
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raised in this petition in the substantive appeals instituted by him, the petitioner is at liberty to apply to the appeal court for leave to raise the same.
4] All contentions of all parties in this regard are obviously kept open.
5] Suffice to record that the present petition has been rendered infructuous on account of aforesaid subsequent developments. Therefore, with liberty as aforesaid, the present petition is hereby disposed of.
6] In view of the disposal of the petition, civil application does not survive and is also hereby disposed of.
Chandka
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Pradeep T. Datwani
Mansi D. Datwani
M. S. SONAK
As recorded by the court registry
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