Citation : 2021 Latest Caselaw 2114 Bom
Judgement Date : 2 February, 2021
1 920.AO. NO. 49-2019 JUDGMENT.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
APPEAL AGAINST ORDER NO. 49 OF 2019
Shri Nilesh S/o Keshavrao Thombre,
Aged about 37 years,
R/o. Holi Maidan, Katol,
Tahsil-Katol, District Nagpur. .. APPELLANT
...Versus...
Sou. Reeta Nilesh Thombre,
Aged about 30 years,
Occ. Household,
R/o. Panchawati, Katol, Tahsil Katol,
District Nagpur. ..RESPONDENT
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Shri H.D. Dangre, Advocate for the Appellant.
Shri S.G. Malode, Advocate for the Respondent.
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CORAM : MRS. SWAPNA JOSHI, J.
DATED : 02nd FEBRUARY, 2021.
ORAL JUDGMENT :-
Heard. Admit. By consent of learned counsel for both
the parties, present matter is taken up for final hearing at the stage
of admission itself.
2 920.AO. NO. 49-2019 JUDGMENT.odt
2. Heard learned counsel for the respective parties for
some time.
3. Shri Dangre, the learned counsel for the
appellant/husband contended that although the prayer of permanent
injunction was not made before the trial Court, the appellate Court
granted temporary injunction in favour of the respondent/wife
(appellant therein), restraining husband from getting married to any
other lady, till final disposal of the appeal.
4. Shri Malode, the learned counsel for the
respondent/wife objected the said application on the ground that
when the suit was filed in the trial Court, there was no apprehension
that the appellant was married at the relevant time.
5. Both the sides submit that now the matter is ready for
final hearing in the appellate Court. Paper book is also ready and if
the matter is expedited, the matter will be decided early in the
appellate Court.
6. Considering that it is a matrimonial dispute, the trial
Court is requested to expedite the matter and make endeavour to
dispose of the matter within a period of three months.
3 920.AO. NO. 49-2019 JUDGMENT.odt
7. In view of disposal of this appeal, pending Civil
Application (CAA) No. 81/2019 does not survive. The same stands
disposed of accordingly.
( MRS. SWAPNA JOSHI, J.) S.D.Bhimte
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