Disposed

Sunil Satya Narayn Sharma v. Kalpna Sunil Sharma and 3 Ors. and Snehlata Sanwarmal Sharma and 2 Ors(Prop. Resp.)

Bombay HC28 Nov 2024IA/3539/2024

Case brief

AI extract

What is this about?

Interim application in a writ petition concerning a maintenance tribunal matter; leave granted to implead the legal representatives of the deceased respondent No. 3 by amending the petition within two weeks. Reply timelines fixed and final disposal at admission stage indicated.

What the court decided

AI extract

Sunil Satya Narayn Sharma vs Kalpna Sunil Sharma and… — Maintenance and Alimony | Bombay HC (2024)

¶1

11-OSWP-1995-2019.DOCX

¶2

Amol

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

¶4

WRIT PETITION NO. 1995 OF 2019

¶5

WITH

¶6

INTERIM APPLICATION NO. 3539 OF 2024

¶7

¶8

AMOL PREMNATH JADHAV

¶9

Digitally signed by AMOL PREMNATH JADHAV Date: 2024.11.29 12:18:57 +0530

¶10

WRIT PETITION NO. 1995 OF 2019 Sunil Satyanarayan Sharma ...Applicant In the matter between Sunil Satya Narayan Sharma & Kalpana Sunil Sharma …Petitioner Versus

¶11

Appellate Officer, Appellate Tribunal & Collector (C.A) Mumbai City & Ors …Respondents

¶12

Mr Aditya Kumar Sharma , for the Petitioner.

¶13

Ms Jyoti Chavan , Addl GP , with Himanshu Takke , AGP , for the Respondent-State. Ms Fauzia Bukhari , for the Respondent No. 3.

¶14

CORAM M.S. Sonak & Jitendra Jain, JJ. DATED: 28 November 2024

¶15

PC:-

¶16

Interim Application No. 3539 of 2024 .

¶17

Heard learned Counsel for the parties.

¶18

Page 1 of 3

¶19

11-OSWP-1995-2019.DOCX

¶20

The learned Counsel for the Petitioner submits that Respondent No. 3 (complainant before the maintenance tribunal) has since expired. He submits that Respondent Nos. 3A to 3C are the legal representatives along with the Petitioner.

¶21

Accordingly, we grant leave to bring Respondent Nos. 3A to 3C on record by amending the Petition.

¶22

Amendment to be carried out within a period of two weeks.

¶23

This Interim Application is disposed of.

¶24

Writ Petition No. 1995 of 2019 .

¶25

Ms Fouzia Bukhari appears on behalf of the newly impleaded Respondent No. 3B. Ms Bukhari seeks three weeks time to file a reply. The reply must be filed and served by 17 December 2024. The Petitioner should also take steps to serve the Respondent Nos. 3A to 3C and file affidavit of service. If Respondent Nos. 3A to 3C also wish to file any replies, they should do so within a period of two weeks of service. Advance copies will be served upon learned Counsel for the Petitioner.

¶26

Mr Sharma, learned Counsel for the Petitioner submits that that issue raised in this Petition is covered by the decision of this Court in Priya Sameer Holkar Vs Deputy Collector & Ors¹ . He also states that the issue is also covered by the decision of the Hon’ble Supreme Court in Sudesh Chhikara Vs Ramti Devi & Anr² .

¶27

1 2024 3 BOM CK 0007

¶28

2 Civil Appeal No. 174 of 2021

¶29

Page 2 of 3

¶30

11-OSWP-1995-2019.DOCX

¶31

Accordingly, we put the parties to notice that subject to constraints of time an endeavour shall be made to dispose of this Petition finally at the admission stage.

¶32

List this matter on 23 January 2025.

¶33

(Jitendra Jain, J)

¶34

(M.S. Sonak, J)

¶35

Page 3 of 3

Sunil Satya Narayn Sharma v. Kalpna Sunil Sharma and 3 Ors. and Snehlata Sanwarmal Sharma and 2 Ors(Prop. Resp.)

Case brief

What is this about?

What the court decided

Sunil Satya Narayn Sharma v. Kalpna Sunil Sharma and 3 Ors. and Snehlata Sanwarmal Sharma and 2 Ors(Prop. Resp.)

Case brief

What is this about?

What the court decided

A compact analysis

Cases cited

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

R G International vs Additional Director General Directorate of Revenue Intelligence

Shri Nitesh Patel vs the Union of India and Ors.

Global Exim vs the Union of India

Nirali Pankit Vora vs Union of India

Sourav Garg vs Union of India

Vikash Agarwal vs Union of India