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Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6025 OF 2007 ------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Order or Directions and Registrar's Orders ------------------------------------------------------------------- ¦ Court's or Judge's ¦ Orders ¦ ¦ Mr.Arshad Shaikh with Mr.R.M.Pethe for the petitioner. Mr.N.M. Ganaji for Respondent No.2. Mr.Farhan Dubash i/by Naik Naik Iyer & Co. for Respondent No.3. Mr.Vishal Kanade i/by M/s. V. Deshpande for Resp.No.4. CORAM: SMT. NISHITA MHATRE, J. DATED: 21ST SEPT., 2007. P.C.: 1. Respondent Nos. 2, 3 and 4 are represented by their respective advocates. 2. The advocate for the petitioner to take steps to serve respondent No.1 within four weeks from today. 3. S.O. for four weeks. $ldots ldots$
Order - Status 8: vss : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6025 OF 2007 ------------------------------------------------------------------- Office Notes, Office Memoranda¦ Court's or Judge's of Coram, appearances, Court's¦ Orders Order or Directions and ¦ Registrar's Orders ¦ ------------------------------------------------------------------- Mr.Arshad Shaikh with R.M. Pethe for the Petitioner Mr.Vishal Kanade for Respondent No.4 CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 19, 2007 P.C.: . Mr.Pethe for the petitioner seeks leave to amend the cause title by substituting the address of Respondent No.1. Leave granted. Amendments to be carried out within a week from today. Issue fresh notice to Respondent NO.1 on the amended address returnable in four weeks.
Order - Status 11: FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6025 OF 2007 WITH CIVIL APPLICATION NO. 3063 OF 2007 ------------------------------------------------------ Office Notes, Office Court's or Judge's Memoranda of Coram, orders appearance, Court's orders or directions and Registrar's orders ------------------------------------------------------ Mr. R.M. Pethe for petitioner. Mr.N.M. Ganaji for respondent no.2. Mr. Farhan Dubash i/by Naik Naik Iyer and co. for respondent no.3. Mr. Vishal Kanade i/by M/s.V. Deshpande for respondent no.4. CORAM: B.H. MARLAPALLE,J. 10/12/2007. P.C.: . Rule. . Respondent nos.2 to 4 waive service. . The learned Advocate for the petitioner is at liberty to serve the respondent no.1 by publishing a notice in an English daily published from Calcutta. The proof of such court within eight weeks. publication shall be placed before this . Rule be made returnable in the week commencing from 3rd March, 2008. . Civil Application No. 3063 of 2007 is disposed off accordingly. (B.H. Marlapalle,J.)
Order - Status 14: ISM 1.wp.6025.07.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO.6025 OF 2007 Saifuddin Karachiwala ….PETITIONER V/s. The Indian Standard Metal Company Limited, & others …..RESPONDENTS Mr. R.M. Pethe, Advocate for the Petitioner. None for Respondent. CORAM : NITIN W. SAMBRE, J. DATE: JUNE 17, 2022. P.C.: On instructions, a motion is made by the Counsel for the petitioner for withdrawal of the Petition. Petition stands dismissed as withdrawn. If the prayer for withdrawal of the amount is made, same be considered in accordance with law. [NITIN W. SAMBRE, J.]
1) Document Filed: Vakalatnama
Advocate: M/S V Deshpande & Co For R 4
Filed Document - Date of Receiving - 1: 01/09/2007
2) Document Filed: Vakalatnama
Advocate: Naik,Naik,Iyer &Co For R 3
Filed Document - Date of Receiving - 2: 01/09/2007
3) Document Filed: Vakalatnama
Advocate: Shri.N. M. Ganguli For R.No.2
Filed Document - Date of Receiving - 3: 06/09/2007
Respondent-1: The India Standard Metal Company Limited
Respondent-2: Ors.
Petitioner-1: Saifuddin Karachiwala
Order - Status 7: Kambli IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.207 OF 2012 IN WRIT PETITION NO. 9196 OF 2009 ... ... ... Dr.Mrs.P.S.Purva Shashikant ...Applicant v/s. The Union of India & Ors. ...Respondents Mr.Uday Warunjikar for the Applicant. Mr.S.M.Railkar for Respondents Nos. 2 & 3. Mr.P.P.George i/b R.R.Shetty for Respondent No.1. CORAM: D.K.Deshmukh & S.P.Deshmukh, JJ DATED: 24th January, 2012 P.C.: Heard the learned Counsel for the Applicant. Petition is already expedited. No fix date can be given. Civil Application disposed of. (S.P.Deshmukh, J.) (D.K.Deshmukh, J.)
Respondent-1: Union Of India
Respondent-2: Through Dept Of Science
Respondent-3: Technology
Respondent-4: Ministry Of Science
Respondent-5: Technology
Respondent-6: Ors
Petitioner-1: Dr. Mrs. P. S. Purva Shashikant Salvekar.
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.788/05 Ajit... Khanderao Deshpande Appellant. Versus Smt. Nalini Khanderao Deshpande Mr.A.L. Kumar for appellant. CORAM: S.B.MHASE & S.R.SATHE,JJ. DATE : 4/7/05. PC: 1.Notice before admission. Notice Returnable in six weeks. (S.R.SATHE) (S.B.MHASE) &... Ors Respdts.
Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL No.788 OF 2005 Office notes, : office memoranda : of coram, : appearances, : Court's orders : Court's or Judge's directions & : order Registrar's : orders : Ms. Deepti Mistry , Advocate for the appellant. CORAM: J. N. PATEL, AND A. A. SAYED, JJ. DATE : JULY 30, 2007. P.C.: The learned counsel appearing for the appellant submits that this being a family dispute, it has been settled out of Court, and therefore the appellant be permitted to withdraw the appeal. The statement is accepted. The appellant is permitted to withdraw the appeal. The appeal is dismissed as withdrawn. 2.The appellant is entitled for refund of Court Fees, as per Bombay Court Fees Act & Rules. Sd/- [ A. A. SAYED, J.] [ J. N. PATEL, J.]
Respondent-1: Nalini Khanderao Deshpande
Respondent-2: Ors.
Petitioner-1: Ajit Khanderao Deshpande
Respondent-1: Mahadu @ Madhav Laxman Shirsat
Petitioner-1: The State Of Maharashtra
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 252 OF 2013 Mr. Prakash Bapu Wani Appellant vs. Mr. Parashuram Ramchandra & Anr. Respondents Mr. Dundapa B. Patil,Advocate for the appellant. Ms. S.V.Gajare,APP,for the respondent-State CORAM: SMT. SADHANA S.JADHAV,J. DATE : 18th June, 2013. P.C. Heard. Issue notice to respondent No.1. Learned APP waives service for respondent No.2. Notice returnable ten weeks. (SMT.SADHANA S.JADHAV, J.)
Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.252 of 2013 Prakash Bapu Wani .. Applicant Versus Parashuram Ramchandra Rahate and anr .. Respondents Mr.D.B.Patil, Advocate for the applicant. Mr.D.S.Mhaispurkar, Advocate for respondent no.1. Mrs.S.V.Gajare, APP for the Respondent State. CORAM : ABHAY M. THIPSAY, J. DATED : 2 nd MARCH, 2015 P.C. : 1 Heard. 2 Leave granted. 3 The Application for leave to Appeal be treated as a Memo of Appeal, and be numbered accordingly. The appeal is admitted. 4 Necessary amendment be carried out within two weeks. 5 The learned counsel for the respondent no.1 waives service of notice for final hearing. 6 The respondent no.1 shall, however, execute a personal bond in the sum of Rs.10,000/ before the trial court within a period of six weeks from today.
1) Document Filed: Vakalatnama
Advocate: Shri D. S. Mhaispurkar (Resp. No. 1)
Filed Document - Date of Receiving - 1: 24/09/2013
Respondent-1: Parashuram Ramchandra Rahate
Respondent-2: Anr
Petitioner-1: Prakash Bapu Wani
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION APPEAL FROM ORDER (St) NO.13209 of 2019 Anand Baban Khedkar Appellant vs Yashwant Tatyaba Daundkar Respondent Mr.Amijith Anandhan I.b.Mr,.Sachin Pawar for Appellant. CORAM : M.S.KARNIK, J DATE : 22nd JULY, 2019 P.C Heard learned counsel for the Appellant. Issue notice to the Respondent returnable on 19.8.2019. In addition to Court's notice, learned counsel for the Appellant to serve the Respondent by private notice. [M.S.KARNIK,J]
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER STAMP NO. 13209 OF 2019 Ananda Baban Khedkar ....Appellant V/S Yashwant Tatyaba Daundkar ....Respondent CORAM : S.C. GUPTE, J DATE : 17th September, 2019 P.C. : Due to paucity of time the matter is adjourned to 22/11/2019 . In case any ad-interim/interim relief is operating till today, the said order will continue to operate till the next date. If ad-interim/interim relief is not granted for a limited period, the said order will remain unaffected. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 8: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER STAMP NO. 13209 OF 2019 Ananda Baban Khedkar ....Appellant V/S Yashwant Tatyaba Daundkar ....Respondent Adv.Sachin R,Pawar for Appellant CORAM : S.C. GUPTE, J DATE : 14th October, 2019 P.C. : At the request of learned advocate for the petitioners / respondent / applicant , Stand over to 11/11/2019 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 10: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION APPEAL FROM ORDER STAMP NO. 13209 OF 2019 Ananda Baban Khedkar ....Appellant V/S Yashwant Tatyaba Daundkar ....Respondent Mr.Apmjit M.A. a/w Mr.L.R.Kewat for Appellant. Vilas Babanrao Tapkir Vp For Sole Res. For CORAM : A.S. GADKARI, J DATE : 5th February, 2020 P.C. : Stand over to 06/02/2020 ( FOR REGISTRAR JUDICIAL - I )
Order - Status 14: Tandle IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER (ST) NO. 13209 OF 2019 Ananda Baban Khedkar ... Appellant Versus Yashwant Tatyaba Daundkar ... Respondent. Mr. Sachin R. Pawar for the Appellant. Mr. V. B. Tapkir for the Respondent. - - - - - - - CORAM : A. S. GADKARI, J. DATE : 6th FEBRUARY, 2020 P. C. : After hearing the learned counsel for the appellant at length when this Court expressed its disinclination to grant any relief, the learned counsel, on instructions, seeks leave to withdraw the present Appeal unconditionally. Leave and liberty granted. Appeal is dismissed as withdrawn. It is made clear that, the Trial Court will not get influenced by the dismissal of the present Appeal and shall decide the suit filed by the appellant on its own merits. (A. S. GADKARI, J.)
1) Document Filed: Vakalatnama
Advocate: Vilas B Tapkir
Filed Document - Date of Receiving - 1: 07/10/2019
Respondent-1: Yashwant Tatyaba Daundkar
Petitioner-1: Ananda Baban Khedkar
Order - Status 4: Digitally signed by SNEHA ABHAY DIXIT Date: 2024.06.25 13:49:54 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7844 OF 2024 IIFL Home Finance Ltd., Thane .. Petitioner Vs. The State of Maharashtra and Anr. .. Respondents Ms. Priyanka Fadia, i/by Mr. Shashank Fadia, Advocates for the Petitioner. Mr. M.S. Srivastava, Assistant Government Pleader for Respondent No.1. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 24 TH JUNE, 2024. P.C. : It is informed by the learned counsel for the petitioner that the next date of the proceedings before the learned Chief Metropolitan Magistrate is 8th July 2024. To consider whether the said proceedings are taken up on the adjourned date, put up for further consideration on 16th July 2024. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
Order - Status 6: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 7844 OF 2024 Iifl Home Finance Ltd PETITIONER V/S The State Of Maharashtra Thr Assistant RESPONDENT Government And Anr CORAM : HON'BLE SHRI JUSTICE A.S. CHANDURKAR & HON'BLE SHRI JUSTICE RAJESH S. PATIL, JJ DATE : 16th July, 2024 P.C. : Balance Daily Board cannot be taken up today on account of paucity of time. Stand over to 30/07/2024 . Ad-interim relief or interim relief, if any, granted earlier will continue to operate till next date. ( FOR REGISTRAR JUDICIAL - I )
Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7844 OF 2024 IIFL Home Finance Ltd., Thane .. Petitioner Vs. The State of Maharashtra and Anr. .. Respondents Ms. Priyanka Fadia, i/by Mr. Shashank Fadia, Advocates for the Petitioner. Ms. M.S. Srivastava, Assistant Government Pleader for the Respondent-State of Maharashtra. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 21 ST OCTOBER 2024. P.C. : The learned counsel for the petitioner seeks leave to withdraw the writ petition since the purpose of filing the same has been served. The writ petition is disposed of. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 6-WP-7844-2024.doc Dixit
Respondent-1: The State Of Maharashtra Thr Assistant Government
Respondent-2: Anr
Petitioner-1: Iifl Home Finance Ltd
Order - Status 5: SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.143 OF 2011 IN FAMILY COURT APPEAL NO.77 OF 2011 IN PETITION NO.A-768 OF 2003 ...... ...... Renu @ Rita Jayesh Joshi ...Applicant Versus Jayesh Chhotalal Joshi ...Respondent Mr.H.S.S.Murthy i/b Ms.P.M.Bhansali for Applicant. Respondent present in-person. CORAM:- A.M.KHANWILKAR AND R.Y.GANOO, JJ. DATED:- JUNE 24, 2011. P.C. Not on Board. Upon mentioning, taken on Board. List this matter on 8th July, 2011 as scheduled as per CMIS Programme. The applicant apprehends that the respondent may create third party rights or transfer the matrimonial house. The respondent is present before us. He states that he has no such instruction. That assurance is accepted. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)
Order - Status 7: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 143 OF 2011 IN FAMILY COURT APPEAL NO. 77 OF 2011 Renu @ Rita Jayesh Joshi ...Applicant vs. Jayesh Chhotalal Joshi ...Respondent Mr.H.S.S. Murthy with Ms.P.M. Bhansali for the Applicant. Mr.D.S. Shah with Mr.V.G. Parekh for the Respondent. CORAM : D.B. BHOSALE AND M.L. TAHALIYANI, JJ. AUGUST 29, 2011 P.C :- 1 Rule, returnable in four weeks. 2 The respondent-husband is directed to deposit arrears of maintenance as per the impugned judgment in the Family Court before the next date. 3 It is needless to mention that the applicant-wife will have a liberty to withdraw the maintenance that will be deposited by the husband. 4 S.O. for two weeks. There shall be ad-interim relief in terms of prayer clauses (a) and (d) till the next date. (M.L. TAHALIYANI, J.) (D.B. BHOSALE, J.)
Order - Status 9: CIVIL APPLICATION NO. 143 OF 2011 IN FAMILY COURT APPEAL NO. 77 OF 2011 Renu alias Rita Jayesh Joshi ...Applicant vs. Jayesh Chhotalal Joshi ...Respondent Ms.P.M. Bhansal for the Applicant None for the Respondent. CORAM : D.B. BHOSALE AND M.L. TAHALIYANI, JJ. SEPTEMBER 12, 2011 P.C :- It appears that Mr.Dinesh Shah, Advocate has already filed Vakalatnama on behalf of the respondent. Hence, payment of bhatta charges is not necessary. Objection raised by the office to that effect is dispensed with. Civil Application to come up for hearing on 26th September, 2011. (M.L. TAHALIYANI, J.) (D.B. BHOSALE, J.)
Order - Status 12: acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 143 OF 2011 IN FAMILY COURT APPEAL NO. 77 OF 2011 Renu@Rita Jayesh Joshi ..Applicant. Vs. Jayesh Chhotalal Joshi ..Respondent. Ms. P.M. Bhansali, for the Applicant.. Mr. D.S. Shah, for the Respondent. ---- CORAM: D.B. BHOSALE & M.L. TAHALIYANI, JJ. DATED : SEPTEMBER 29, 2011. P.C.: Ms. Bhansali, learned counsel for the applicant submits that the respondent has not complied with the directions issued by this court vide order dated 29.8.2011. She submits that she has instructions to take out an appropriate proceedings against the respondent. In view thereof this civil application to come up for hearing after vacation. (M.L. TAHALIYANI, J.) ( D.B. BHOSALE, J.) cam.143-2010
Order - Status 14: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION M. NO. 143 OF 2011 IN FAMILY COURT APPEAL NO. 77 OF 2011 Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Mrs.P.M.Bhansali, for the applicant. Mr.Dinesh B Shah with V.G.Parekh, for the respondent. CORAM: D.B.BHOSALE AND K.K.TATED, JJ. DATE : 08/11/2011 PC: Learned counsel for the applicantwife submits that the applicant-wife intends to file contempt proceedings against the respondent-husband for noncomplying with the directions issued by this court vide order dated 29.8.2011 in this week. Stand over for four weeks. (K.K.TATED,J.) (D.B.BHOSALE, J.)
Order - Status 16: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.143 OF 2011 IN FAMILY COURT APPEAL NO.77 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or J Court's or Judge's orders. applicant Mr.Dinesh Shah a/w Mr.V.G.Parekh for the Ms.P.M.Bhansali for the respondent CORAM DATE : D.B.BHOSALE & K.K.TATED, JJ. : 07/12/2011 PC: Civil Civil Application to come up for hearing afte hearing after two weeks. (K.K.TATED, J.) (D.B.BHOSALE, J.)
Order - Status 18: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 143 OF 2011 IN FAMLY COURT APPEAL NO. 77 OF 2011 WITH CAM/299/2011 in FCA/77/2011 WITH CAM/300/2011 IN FCA/77/2011 Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Ms. P.M.Bhansali, for the applicant. Mr D.S.Shah, for the respondent. CORAM : D.B.BHOSALE & K.K.TATED, JJ. DATED : 22/12/2011 PC: By consent, stand over to 6.2.2012. Mr.Shah, learned counsel for the respondenthusband, on instructions, makes a statement that the respondent does not intent to create third party rights or transfer the matrimonial house. His statement is accepted. (K.K.TATED,J.) (D.B.BHOSALE,J.)
Order - Status 20: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.143 OF 2011 in FAMILY COURT APPEAL NO.77 OF 2011 Renu @ Rita Jayesh Joshi ..Petitioner versus Jayesh Chotalal Joshi ..Respondent Ms.P.M.Bhansali for Applicant Mr.D.S.Shah for Respondent. CORAM : A.M.KHANWILKAR & N.M.JAMDAR, JJ 6th February, 2012 P.C. List Civil Application No.299 of 2011 along with this Application on 24.2.2012. Office to ensure that both matters are notified together on the next date. (N.M.JAMDAR,J). (A.M.KHANWILKAR, J)
Order - Status 22: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION CAM NO.143 OF 2011 in FAMILY COURT APPEAL NO.77 OF 2011 Renu @ Rita Jayesh Joshi ...Applicant Vs Jayesh Chhotalal Joshi ...Respondent ......... with CIVIL APPLICATION CAM NO.299 OF 2011 in FAMILY COURT APPEAL NO.77 OF 2011 Jayesh Chhotalal Joshi ...Applicant Vs Renu @ Rita Jayesh Joshi ...Respondent ......... with CIVIL APPLICATION CAM NO.36 OF 2012 in FAMILY COURT APPEAL NO.77 OF 2011 Jayesh Chhotalal Joshi ...Applicant Vs Renu @ Rita Jayesh Joshi ...Respondent ......... Applicant in C.A No.299/2011 & C.A No.36/2012 present in person & is respondent in C.A.No. 143/2011. Ms.P.M.Bhansali advocate for applicant in C.A. No.143/2011 & respondent in C.A No.299/2011 & C.A. No.36/2012. CORAM :A.M.KHANWILKAR AND N.M. JAMDAR JJ. DATED :24th FEBRUARY, 2012. P.C.: None appears for the applicant when the matter is called out. Respondent is present in person. Dismissed for non-prosecution. Civil Application No. 299 of 2011 to be heard along with Family Court Appeal No.77 of 2011. The relief claimed in this application is already worked out in view of the order passed on companion Civil Application No.299 of 2011. This application is disposed of accordingly. Later On, advocate for the applicant mentioned the matter pointing out that at the relevant time, she was held up in other Court. Further, she desires to point out relevant facts. As the matter has been mentioned immediately after the above order is passed, we recall the said order and place this application for hearing on 28th February 2012. The respondent is Mlns 3 CAM/14311 present in Court and has taken notice of the adjourned date. (N.M.JAMDAR, J.) (A.M.KHANWILKAR, J.)
Order - Status 26: IN THE HIGH COURT OF JUDICATURE AT BOMBAY vgm CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 143 OF 2011 WITH CIVIL APPLICATION NO. 299 OF 2011 AND CIVIL APPLICATION NO. 36 OF 2012 IN FAMILY COURT APPEAL NO. 77 OF 2011 CIVIL APPLICATION NO. 143 OF 2011: Renu @ Rita Jayesh Joshi ...Applicant V/s. Jayesh Chhotalal Joshi ...Respondent Ms. P.M. Bhansali for the Applicant in Civil Application and the Appellant in Family Court Appeal Mr. Dinesh Shah for the Respondent Both parties present CORAM: A.M. KHANWILKAR AND N.M. JAMDAR, JJ. DATE: FEBRUARY 28, 2012 (In Chambers) P.C .:- This application is filed by the wife. The first relief is to stay the operation of the impugned judgment and decree of divorce. Since the appeal is already admitted, we have no hesitation in staying the implementation of judgment and decree dated 24th February, 2011 passed by the Family Court at Bandra, Mumbai, in Petition No. A-768 of 2003 to the extent of decree of divorce only. As regards prayer clause (b), it is common ground that the husband has not challenged the decree passed by the Family Court, which obliges him to pay maintenance amount to the applicant and minor daughter at the rate of Rs. 9,000/- per month and Rs. 5,000/- per month, respectively. That order was passed by the Family Court on 24th February, 2011. Even after lapse of one year, the husband has failed to comply with the said direction. In that view of the matter, the wife was left with no option but to file contempt proceedings against the husband, which contempt petition has been filed before this Court, being Civil Contempt Petition No. 39 of 2011. The respondent-husband is present before us in Chambers along with his advocate. He submits that he has no means to pay the amount. According to him, he is presently unemployed, and has no source of income, and is fully dependent on his friends and relatives. The excuse given by the respondent-husband does not commend to us. Even the trial Court has not accepted his version that he has no source of livelihood. On that finding being recorded, the trial Court would not have directed him to pay maintenance amount to the applicant and the minor daughter. Be that as it may, considering the fact that the respondent-husband has not challenged that part of the order passed by the Family Court dated 24th February, 2011, is obliged to comply with the same. We give one opportunity to the respondent to pay all the arrears of maintenance amount to the applicant from January, 2011 till date. That be paid within four weeks from today, failing which, the Court may consider of striking off the defence of the respondent. That would be in addition to the contempt action already instituted and pending against the respondent. As regards prayer clause (c), it is for enhancement of maintenance amount to the respondent and the minor daughter, as well as to provide for maintenance amount to the other unmarried daughter, who is staying along with the applicant-wife. For the time being, we will not consider the prayer for enhancement of maintenance amount. 4 14311 The only question that we are inclined to examine in this application is: Whether the unmarried daughter has been justly denied of maintenance amount by the Family Court? The only reason stated by the Family Court is that she has become major. The fact that the daughter has become major, by itself, can be no ground to deny maintenance to unmarried daughter. There is no finding recorded by the Family Court that the major daughter has her own source of income. In absence of such finding, we fail to understand as to how the Family Court has not provided for maintenance amount to the major daughter staying with the wife. In our opinion, to that extent, the view taken by the Family Court is manifestly wrong, and is also subject-matter of challenge in the appeal filed by the wife. As a result, during the pendency of the appeal, we direct the respondent-husband to provide for maintenance amount at the rate of Rs. 5,000/- (Rupees Five Thousand) to the second daughter, Archi, who has been denied maintenance amount by the Family Court. In other words, the respondent shall pay maintenance amount at the rate of Rs. 9,000/- (Rupees Nine Thousand) to the applicant and Rs. 5,000/- (Rupees Five Thousand) each to the two daughters, i.e., aggregate amount of Rs. 19,000/- (Rupees Nineteen Thousand) per month. That amount shall be deposited in the Registry of this Court on or before the 5th of every English calendar month. On failure to pay that amount for two consecutive months, the applicant would be free to move the Court for appropriate direction against the respondent. At the same time, with the second default committed by the respondent towards maintenance amount to be paid in terms of this order, the Court may consider of striking off the defence of the respondent in the pending appeal. As regards prayer clause (d), there is no dispute that the applicant, along with two daughters, is staying in the premises in question, which is her matrimonial house. As a result, the respondent cannot create third party right, title or interest therein, which may prejudice the interest of the applicant or the two daughters staying with her. Accordingly, interim relief in terms of prayer clause (d) is granted, which will operate during he pendency of the appeal against the respondent. Civil Application No. 143 of 2011 is, accordingly, disposed of. At this stage, the counsel for the respondent submits that, at least, the hearing of the appeal be expedited. We see no reason to accede to this request, moreso, until the respondent pays the outstanding maintenance amount, and continues to pay the maintenance amount in terms of this order to the applicant from time to time regularly, without any default. CIVIL APPLICATION NO. 299 OF 2011: Jayesh Chhotalal Joshi ...Applicant V/s. Renu @ Rita Jayesh Joshi ...Respondent Mr. Dinesh Shah for the Applicant Ms. P.M. Bhansali for the Respondent P.C .:- This application is by the husband. In the appeal filed by the wife, which has already been admitted, the husband, by way of interim relief, prays for direction and order of the Court to sell Flat No. A-502, Raj Crystal, Royal Complex, Eksar Road, Borivali (West), Mumbai 400 091, and the sale-proceeds be disbursed between the husband and wife, respectively, for acquiring separate premises. This application is resisted by the wife. It is not possible to accede to the request made by the husband, and moreso, until the appeal filed by the wife challenging the decree of divorce is finally disposed of. The request of the applicant for disposal of the property, which is the only property in which the wife and two unmarried daughters - one of whom is minor - are residing, cannot be acceded to. This application is, therefore, disposed of, with liberty to the husband to renew the request at the time of final hearing of the appeal. We place on record the statement made by the wife, who is present in chambers before us, that the minor daughter has now attained majority. CIVIL APPLICATION NO. 36 OF 2012: Jayesh Chhotalal Joshi ...Applicant V/s. Renu @ Rita Jayesh Joshi Respondent Mr. Dinesh Shah for the Applicant Ms. P.M. Bhansali for the Respondent P.C .:- This application is filed by the husband, praying that the applications be heard along with the main matter. For the reasons recorded in the concerned applications, this application is disposed of. N.M. JAMDAR, J. A.M. KHANWILKAR, J.
1) Document Filed: Report
Filed By : Jayesh Chhotalal Joshi
Filed Document - Date of Receiving - 1: 17/08/2011
2) Document Filed: Report
Filed By : Jayesh Chhotalal Joshi
Filed Document - Date of Receiving - 2: 26/09/2011
Respondent-1: Jayesh Chhotalal Joshi
Petitioner-1: Renu@rita Jayesh Joshi
Order - Status 4: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1356 OF 2021 Shri. Ramchandra Shankar Sutar … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1354 OF 2021 Shri. Uttam Tukaram Sutar … Petitioner V/s. State of Maharashtra … Respondents WITH WRIT PETITION NO.1343 OF 2021 Shri. Bhagwan Babaji Dhawale … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1352 OF 2021 Sou. Anusaya Dhondiba Maragage … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1362 OF 2021 Shri. Dilip Gaurihar Dhawale (Dhangar) … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1359 OF 2021 Munni Adesh Deshmukh … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1361 OF 2021 Sou. Anusaya Dhondiba Maragage … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1344 OF 2021 2021 L Shri. Govind Krishna Jadhav … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1357 OF 2021 2021 L Sou. Anusaya Dhondiba Maragage … Petitioner V/s. State of Maharashtra and Ors. … Respondents WITH WRIT PETITION NO.1588 OF 2021 2021 L Shri. Maruti Ramaji Rodat (Jadhav) … Petitioner V/s. State of Maharashtra and Ors. … Respondents Mr. Dhananjay Chavan a/w Mr. Vijay Garad i/b. Mr. Rajendra A. Choudhary, Advocate for the Petitioners. i∕b. Mr. Rajendra A. Mr. S.B. Kalel, AGP for the Respondent - State. CORAM : SMT. SADHANA S. JADHAV & SARANG V. KOTWAL, JJ. A S. TWA JADHAV & L, JJ. 25th AUGUST 2021. DATED : P.C. : In all these petitions, a common order is passed today because it involves the same question; only the factual aspect differs for each petitioner. The petitioners are Project Affected Persons whose lands were acquired for Koyna Dam Project way back in the year 1961. All these petitioners are still waiting for allotment of lands in lieu of the lands which were acquired. The petitioners have made applications before the authorities as follows :- Sr. No. Name Date of application 1. Shri. Ramchandra Shankar Sutar (WP/1356/2021) 24.07.2020 2. Shri. Uttam Tukaram Sutar (WP/1354/2021) 29.07.2020 3. Shri. Bhagwan Babaji Dhawale (WP/1343/2021) 20.05.2020 4. Shri. Dilip Gaurihar Dhawale (Dhangar) (WP/1362/2021) 29.05.2020 5. Sou. Munni Adesh Deshmukh (WP/1359/2021) 29.06.2020 6. Sou. Anusaya Dhondiba Maragage (WP/1357/2021) 29.05.2020 7. Shri. Govind Krishna Jadhav (WP/1344/2021) 24.07.2020 8. Sou. Anusaya Dhondiba Maragage (WP/1361/2021) 29.05.2020 9. Shri. Maruti Ramaji Rodat (Jadhav) (WP/1588/2021) 24.06.2020 10. Sou. Anusaya Dhondiba Maragage (WP/1352/2021) 29.05.2020 The Petitioners have mentioned in their applications that lands in different survey numbers situated in village Kundevahal, Taluka Panvel, District Raigad be allotted to them. The said applications are still not decided. The petitioners have prayed for allotment of lands. Applications are pending for quite sometime. The petitioners have not been given alternate lands for many years. Therefore, in the interest of justice, we are directing the Respondent Nos.2 and 3 to decide the applications of the petitioners for allotment of alternate lands of their choice within 8 weeks from today. With these directions, the petitions are disposed of. (SARANG V. KOTWAL, J) (SMT. SADHANA S. JADHAV, J)
1) Document Filed: Vakalatnama
Filed By : State Of Maharashtra And Ors
Advocate: Government Pleader A.S. Writ Cell
Filed Document - Date of Receiving - 1: 30/12/2021
Respondent-1: State Of Maharashtra
Respondent-2: Ors
Petitioner-1: Sou Anusaya Dhondiba
Respondent-1: Chief Executive Officer Zilla Parisshad
Respondent-2: Anr
Petitioner-1: Santosh Mallikarjun Nulla