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2014 Supreme(Bom) 2261

ABHAY SHREENIWAS OKA, A.S.GADKARI
Kavita Krishnamurthy – Appellant
Versus
K. N. Krishnamurthy – Respondent


Advocates Appeared:
For the Appellant : Mohan A. Dharmaraj
For the Respondents: Party-in-Person

JUDGMENT

Abhay Shreeniwas Oka, J.

1. On the earlier date, the parties were put to notice that this Appeal will be taken up for final disposal.

2. The Appellant wife has taken an exception to the order dated 8th November, 2012 passed by the learned Judge of the Family Court at Mumbai by which a Petition being Petition No.A1464 of 2008 filed by her was dismissed by the learned Judge of the Family Court in exercise of powers under Rule 11 of Order XXXIX of the Civil Procedure Code, 1908 (for short "the said Code"). By the same order, the defence of the Appellant wife in a Petition being Petition No.D60 of 2009 filed by the Respondent husband was ordered to be struck out in exercise of powers under Rule 11 of Order XXXIX of the said Code.

3. The learned counsel appearing for the Appellant wife has taken us through the averments made in the application at Exhibit 98 filed by the Respondent husband and the reply thereto. He has also invited our attention to the order dated 13th March, 2012 passed by the learned Judge of the Family Court on application at Exhibit 98. He submitted that in terms of paragraph 8 of the said order, the learned Judge modified the earlier order regarding grant of ac






























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