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[Cites 1, Cited by 43]

Bombay High Court

Swati Vedant Jatia vs Vedant Vijay Jatia And Ors on 24 October, 2018

Author: R. G. Ketkar

Bench: Rajesh G. Ketkar

                                                                                                             WP12250_18.doc


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION
                           WRIT PETITION NO.12250 OF 2018
                                     (Swati Vedant Jatia Vs. Vedant Vijay Jatia and others)

Office Notes, Office                 Court's or Judge's orders
Memoranda of Coram,
appearances,Court's
orders, or directions,
and Registrar's Orders
                                     Mr. S. M. Gorwadkar, Senior Advocate i/b. T. I. Irani for
                                     Petitioner.
                                     Mr. Archit Jayakar i/b. Jayakar & Partner for Respondent No.1.
                                     Mr. Nirav Barot i/b. Maneksha & Sethna for Respondents No.2
                                     and 3.

                                     CORAM : R. G. KETKAR, J.

DATE : 24TH OCTOBER, 2018 P.C.:

Not on Board. At the request of Mr. Gorwadkar, taken up in the production Board.

2. Heard Mr. Gorwadkar, learned Senior Counsel for the petitioner, Mr. Jayakar, learned Counsel for the respondent No.1 and Mr. Barot, learned Counsel for the respondents No.2 and 3.

3. By this Petition under Article 227 of the Constitution of India, petitioner has challenged the order dated 26.09.2018 passed by the learned Judge, Family Court No.4 at Bandra, Mumbai below exhibit-141 in Petition No.D-44 of 2013. By that order, the learned trial Judge held that there is no domestic relationship in 1/2 ::: Uploaded on - 24/10/2018 ::: Downloaded on - 27/10/2018 02:08:49 ::: WP12250_18.doc between petitioner and respondents No.2 and 3 (mother in law and father in law of the petitioner).

4. Mr. Gorwadkar submits that the next date of hearing before the trial Court is 25.10.2018 and if the impugned order is allowed to stand, the Petition instituted by the petitioner will be rendered infructuous. Mr. Jaykar submits that application exhibit-141 is filed in custody petition filed by the first respondent herein and the matter is fixed before the learned trial Judge on 25.10.2018 for cross- examination of the first respondent.

5. In view thereof, list the Petition for 'admission' on 29.11.2018. Till the next date of hearing, impugned order is stayed. It is made clear that this Court has not stayed proceedings of D-44 of 2013 and pendency of this Petition will not preclude the learned trial Judge to proceed with that Petition.

6. All parties, including the trial Court, to act upon the authenticated copy of this order.

(R. G. KETKAR, J.) Minal Parab 2/2 ::: Uploaded on - 24/10/2018 ::: Downloaded on - 27/10/2018 02:08:49 :::