On hearing that the underlying main petition was settled via withdrawal and the required deposit was made, the Court held that nothing survived in the writ proceedings and permitted the withdrawal of the deposited amount.
Respondent No.2 permitted to withdraw the amount deposited in the Family Court, Nashik; Petition disposed of.
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3-ASWP-7243-2021.DOC
Shivgan
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7243 OF 2021
Trambak Tukaram Jadhav …Petitioner Versus Sau. Lankabai Trambak Jadhav & Anr …Respondents
Mr Rahul Damodar Motkari , for the Petitioner. Ms Naiana P Boraste , i/b GR Agrawal, for the Respondents.
CORAM Neela Gokhale, J. DATED: 19th August 2023
PC:-
1. By order dated 27th October, 2021, the Petitioner was directed to deposit Rs.1.5 Lakhs within six weeks from the date of the order in the Family Court at Nashik. Learned counsel for both the Parties submit that the said amount has been deposited in the Family Court, Nashik. It is also stated that the main Petition No.C06 of 2018 has been settled and the Petitioners in that Petition have withdrawn the Petition under Section 20 of the Hindu Adoption and Maintenance Act, 1956. Parties tender aformed copy of the order dated 21st July, 2023 passed by the learned Family Court, Nashik recording the disposal of the Petition by withdrawal.
Page 1 of 2 19th August 2023
3-ASWP-7243-2021.DOC
2. In view of the above, nothing survives in this proceedings. Respondent No.2, i.e., the daughter is permitted to withdraw the amount deposited in the Family Court, Nashik.
3. In view of above directions, the Petition is disposed of.
(Neela Gokhale, J)
Page 2 of 2 19th August 2023
Trambak Tukaram Jadhav
Sau. Lankabai Trambak Jadhav
Neela Gokhale
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
