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Bombay High Court

Kalpna Pankaj Rozatkar vs Pankaj Supadu Rozatkar on 5 September, 2018

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                      1

              IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                         BENCH AT AURANGABAD

                      WRIT PETITION NO. 10134 OF 2018

                          KALPNA PANKAJ ROZATKAR 
                                   VERSUS
                          PANKAJ SUPADU ROZATKAR 

     Advocate for Petitioner :  Mr. M.G. Patil h/f. Mr. V.P. Patil.
   Advocate for Respondent : Mr. Manoj Patil h/f. Mr. C.K. Shinde.

                                    CORAM : RAVINDRA V. GHUGE, J.
                                    Dated    : 05th September, 2018.


 PER COURT :



1. The petitioner is before this Court praying for restoration of HMP No. 197/2011, and for setting aside the order dated 15/01/2014.

2. It appears that these litigating parties who are inter-se wife and husband, had resolved their matrimonial dispute in mediation. An order was accordingly passed on 15/01/2014 on the compromise purshis Exhibit 45 in the light of the mediation report Exhibit 44.

3. In Writ Petition No. 10127/2014, these parties approached this Court and sought restoration of their pending proceedings as ::: Uploaded on - 07/09/2018 ::: Downloaded on - 09/09/2018 00:59:35 ::: 2 they had resiled from the compromise. By order dated 13/06/2017, most of the proceedings between the parties were restored, except HMP No. 197/2011, which is a subject matter of this Writ Petition which was not listed at that time.

4. In view of the above, this petition is partly allowed. The order dated 15/01/2014, below Exhibit 45 stands set aside by consent and HMP No. 197/2011, stands restored to the Court of the learned Civil Judge, Senior Division, Jalgaon.

5. Both the litigating sides would appear before the said Court on 25/09/2018.

( RAVINDRA V. GHUGE, J. ) S.P.C. ::: Uploaded on - 07/09/2018 ::: Downloaded on - 09/09/2018 00:59:35 :::