Dnyanoba Narayan Engade vs Dropadabai Dnyanoba Engade
2023 Latest Caselaw 3645 Bom

                               1                  951-Cri.Rev.Appln.105-23.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          951 CRIMINAL REVISION APPLICATION NO.105 OF 2023

                        DNYANOBA NARAYAN ENGADE
                                  VERSUS
                       DROPADABAI DNYANOBA ENGADE

                                      ...
             Advocate for Applicant : Mr. Rodge Krishna Pratap
                                      ...

                               CORAM :      S. G. MEHARE, J.

                               DATE :       12.04.2023

     PER COURT :-

1. Heard the learned counsel for the applicant.

2. Learned counsel for the applicant would submit that the

respondent/wife was residing separately from last 30 years.

She had filed proceeding under the Protection of Women from

Domestic Violence Act claiming the relief that the applicant

shall provide residence to her. Her petition was allowed. The

applicant had preferred the appeal against the said judgment.

However, during the pendency of the appeal, the order passed

by the Judicial Magistrate was not stayed.

3. Recently, the respondent/wife has applied for the

execution of the order impugned before this Court. Therefore,

it is prayed that stay the impugned orders, until further orders.

Since the order of the Judicial Magistrate First Class was not

2 951-Cri.Rev.Appln.105-23.odt

stayed during the appeal, it would be inappropriate to pass ex-

parte stay order as prayed.

4. Issue notice to the respondent, returnable on

21.04.2023.

5. Stand over to 21.04.2023.

6. Private Service (Humdast ) is allowed.

(S. G. MEHARE, J.)

...

vmk/-