High Court of Bombay, Civil Appellate Jurisdiction granted restoration of a family court appeal dismissed for non-prosecution on sufficient grounds of non-prosecution application.
Restored Family Court Appeal No.39 of 2009 for final hearing; previous order recalling order recalled.
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.
4 cam164-18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.164 OF 2018 IN FAMILY COURT APPEAL NO.39 OF 2009
Vidya Sharad Mahajan .. Applicant
V/s.
Sharad Bhagwat Mahajan .. Respondent
Mr.Uday P. Warunjikar for the Applicant
Mr.R.M.Pethe for the Respondent
CORAM: K.K. TATED & B. P. COLABAWALLA, JJ.
DATED : JULY 10, 2018
P.C. :
1 Heard.
2 This Application is filed by wife for restoration of Family Court Appeal No.39 of 2009 which stands dismissed for non-prosecution.
3 Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, we are satisfied that the Applicant has made out a case for allowing the present Civil
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Trusha Digitally signedby Trusha Tushar Tushar MohiteDate: 2018.07.12 Mohite 16:01:47 +0530
4 cam164-18.doc
Application. Hence, following order:
b) Family Court Appeal No.39 of 2009 is restored on file for hearing.
c) The learned counsel for the Respondent husband waives service for final hearing of Family Court Appeal.
d) Registry is directed to place Family Court Appeal for final hearing in weekly board as per its turn.
( K.K. TATED, J. )
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1 issue framed by the court
Whether the family court appeal dismissed for non-prosecution should be restored?
Vidya Sharad Mahajan
Sharad Bhagwat Mahajan
K. K. Tated
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
