Mr. Mudassir Shaikh vs Mrs. Ayesha Shaikh
2023 Latest Caselaw 7014 Bom

2023:BHC-AS:19578-DB


                                                                                               5 iast 12526-23.doc



                                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                       CIVIL APPELLATE JURISDICTION

                                             INTERIM APPLICATION (ST) NO. 12526 OF 2023
           Digitally signed
LAXMI
SUBHASH
           by LAXMI
           SUBHASH
           SONTAKKE
                                                               IN
SONTAKKE   Date:
           2023.07.17
           10:50:22 +0530
                                             FAMILY COURT APPEAL (ST) NO. 11018 OF 2023

                              Mudassir Shaikh                                           .. Applicant

                                       Versus

                              Ayesha Shaikh                                             .. Respondent

                                   Ms Rimpal Trivedi a/w Harshida Bhanushali for the Applicant.

                                   Ms Farhana Shah for the Respondent.

                                                                 CORAM       : B. P. COLABAWALLA &
                                                                              M.M. SATHAYE, JJ.

                                                                 DATE        : JULY 14, 2023

                              P. C.

1. The learned Advocate appearing on behalf of the Appellant

has fairly stated that in view of the Judgment passed by this Court in

case of Amish Milan Honawar Vs. Milan Bhavanishankar Honawar

[ 2005(3) Mh.L.J. 984] , the above Appeal would not be maintainable.

She, therefore, sought leave to withdraw the above Appeal with liberty

to adopt appropriate proceedings to challenge the order impugned in

the present Appeal.

JULY 14, 2023 Laxmi

5 iast 12526-23.doc

2. Considering the fair stand taken by the learned Advocate

appearing for the Appellant, the above Appeal is dismissed as

withdrawn with liberty as prayed.

3. It is needless to clarify that all contentions of both sides are

expressly kept open to be agitated in the appropriate proceedings.

4. In view of the dismissal of the above Appeal, nothing

survives in any pending interlocutory application and the same is

disposed of accordingly.

5. This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by

fax or email of a digitally signed copy of this order.

[ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]

JULY 14, 2023 Laxmi