Smt. Veena Abhay Neman Maiden Name ... vs Shri. Abhay Vishnu Neman
2021 Latest Caselaw 15861 Bom

           Digitally signed                                   16.FA49.21.DOC
           by HEMANT
HEMANT     CHANDERSEN
CHANDERSEN SHIV
SHIV       Date: 2021.11.17
           22:30:33 +0530

                hcs

                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                              FIRST APPEAL NO. 49 OF 2021
                                            WITH
                        INTERIM APPLICATION NO.658 OF 2020
                                              IN
                              FIRST APPEAL NO.49 OF 2021

                Smt Veena Abhay Neman                            ...Appellant
                      Versus
                Shri Abhay Vishnu Neman                       ...Respondent


                None for the Appellant


                                   CORAM: G.S. Patel &
                                          Madhav J. Jamdar, JJ.

DATED: 16th November 2021 PC:-

1. None for the Appellant.

2. Having seen the impugned order passed by the Civil Judge, Senior Division, Alibaug as also the order dated 1st February 2021 of the previous Division Bench, we are prima facie of the view that the Appeal will have to be returned for presentation to the District Court. It was first filed, possibly inadvertently, as a Family Court Appeal against the judgment and decree of 24th October 2019 of the Civil Judge, Senior Division, Alibaug.

16th November 2021

16.FA49.21.DOC

3. By an order of 1st February 2021, it was directed to be converted into a First Appeal. That has been done. Unfortunately, what remained to be noted is that this First Appeal will lie to the District Judge and not to this Court.

4. However, since the Appellant and her Advocate are absent, we will list the matter on 23rd November, 2021 "for orders".

5. Previous order, if any, to continue until next date.

6. All concerned will act on production of a digitally signed copy of this order.

(Madhav J. Jamdar, J) (G. S. Patel, J)

16th November 2021