Bombay High Court
Mr. Mudassir Shaikh vs Mrs. Ayesha Shaikh on 14 July, 2023
Bench: B. P. Colabawalla, M.M. Sathaye
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.
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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Considering the fair stand taken by the learned Advocate appearing for the Appellant, the above Appeal is dismissed as withdrawn with liberty as prayed.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.] Page 2 of 2 JULY 14, 2023 Laxmi ::: Uploaded on - 17/07/2023 ::: Downloaded on - 18/07/2023 02:00:08 :::