Shri Nilesh S/O Keshavrao Thombre vs Sou. Reeta Nilesh Thombre
2021 Latest Caselaw 2137 Bom

                                        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

 -----------------------------------------------
 Shri H.D. Dangre, Advocate for the Appellant.
 Shri S.G. Malode, Advocate for the Respondent.
 -----------------------------------------------

                               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