Shriraj Ashokkumar Birajdar vs Shruti Shriraj Birajdar
2023 Latest Caselaw 11347 Bom

                                                             12-MCA-516-2022.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

          MISCELLANEOUS CIVIL APPLICATION NO.516 OF 2022

SHRIRAJ ASHOKKUMAR BIRAJDAR                              )...APPLICANT

         V/s.

SHRUTI SHRIRAJ BIRAJDAR                                  )...RESPONDENT


Mr.Ashutosh Kulkarni a/w. Mr.Akshay Kulkarni i/by Mr.Gaurav Jadhav,
Advocate for the Applicant.
Mr.Abhijit      Kulkarni   a/w.   Mr.Chinmay    Patil,    Advocate     for   the
Respondent.

                            CORAM        :     ABHAY AHUJA, J.

                            DATE         :     4th NOVEMBER 2023

P.C. :

1. On 20th October 2023, the following order was passed :

"1. This matter has been listed for hearing since the pleadings are complete. Mr.Ashutosh Kulkarni, learned Counsel, has concluded his arguments on behalf of the Applicant. Mr.Abhijit Kulkarni, learned Counsel for the Respondent, has concluded his arguments on the facts in the matter and has commenced his arguments with respect to the legal issue on the maintainability of this Application before the High Court, submitting that the application ought to have been filed before the District Court, as the District Court has original jurisdiction in terms of Sections 19 and 20 of the Civil Courts Act, 1977 read with Sections 7 and 8 of the Family Courts Act, 1984. Mr.Ashutosh Kulkarni has already opposed the submissions made on behalf of the Respondent, submitting that this Court would have jurisdiction in view of

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a plain reading of Section 24 of the Code of Civil Procedure, 1908.

2. Both the learned Counsel seek some time to furnish material and judgments in support of their respective contentions on this rather interesting legal issue.

3. At their request, list on 4th November 2023."

2. Today, Mr.Abhijit Kulkarni, learned Counsel, appears for the

Respondent and seeks to tender across the bar propositions and

judgments in support of his contention. Mr.Ashutosh Kulkarni, learned

Counsel for the Applicant seeks some time to go through the same and

take instructions in the matter.

3. Accordingly, at the joint request of the learned Counsel for the

parties, list on 28th November 2023.

4. Statement made earlier to continue till the next date.

                                                                      (ABHAY AHUJA, J.)




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Signed by: Mrs.Arti V. Khatate
Designation: PS To Honourable Judge
Date: 04/11/2023 17:12:23