1 wp5178.15 (J).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.5178 OF 2015
Sau. Sangita w/o Prakash Kirde,
Aged about 45 years,
Occupation - Service,
R/o. "Ajinkya" Chaturbhuj Colony,
Near Sudhir Colony, Akola,
Tahsil and District - Akola. .. Petitioner
.. Versus..
Prakash s/o Payoshnidhar Kirde,
Aged about 50 years,
Occupation - Service,
R/o. C/o. Ramu Giri's house,
Avadhoot Colony, Akot
Tahsil and District - Akola.
Permanent resident of Kela Plots,
Near Ice Factory, Jatharpeth,
Akola. .. Respondent
..........
Shri J.B. Gandhi, Advocate for petitioner,
Shri Mahesh Vyas, Advocate h/f Shri U.J. Deshpande, Advocate for
respondent.
..........
CORAM : A.S. CHANDURKAR, J.
DATED : OCTOBER 24, 2016.
ORAL JUDGMENT 1] Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel for the parties.
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2] The petitioner, who is the original respondent in proceedings
filed by the present respondent before the Family Court at Akola, is aggrieved by the order dated 23.5.2014 below Exh.6, whereby she has been restrained from causing obstruction to the respondent from exercising the right of residence in the suit property.
3] The respondent herein is the husband of the petitioner.
According to the respondent, there was matrimonial discord resulting in disputes being filed by both parties against each other. On 16.5.2014, the respondent filed a petition for grant of perpetual injunction seeking to restrain the petitioner from not allowing the respondent from entering the residential house. By the impugned order, said application has been allowed.
4] After hearing the learned counsel for the parties for some time, I find that the interests of justice would be met if the Family Court is directed to decide the substantive proceedings on merit, by further directing the parties to maintain the status quo as of today during the said period. This arrangement is being worked out after taking into consideration the earlier interim order passed by this Court on 30.5.2014 in the appeal filed by the petitioner which was subsequently withdrawn.
The further fact taken into consideration is that the respondent is presently residing at Akot and is stated to be serving at Akot while the ::: Uploaded on - 26/10/2016 ::: Downloaded on - 27/10/2016 00:48:36 ::: 3 wp5178.15 (J).odt petitioner is stated to be residing and serving at Akola.
5] In view of aforesaid, the writ petition is disposed of by passing the following order :
(i) The Family Court, Akola shall decide Petition No.B-5/2014 on its own merits and by the end of April-2017.
(ii) During the pendency of the said proceedings, the parties shall maintain status quo as of today without prejudice to their rights and contentions.
(iii) The Family Court shall decide the proceedings without being influenced by the aforesaid interim arrangement.
(iv) Writ Petition is disposed of in aforesaid terms. No costs.
JUDGE Gulande, PA ::: Uploaded on - 26/10/2016 ::: Downloaded on - 27/10/2016 00:48:36 :::