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2024 DAILYLAW 2086 (BOM)

ARUNA W/O NAKUL NAGWE v. NAKUL S/O SHIVAJI NAGWE

CRA/43/2024 · 2026-08-18

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Judgment text

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1 927cra43.2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR . CIVIL REVISION APPLICATION NO. 43 OF 2024 ARUNA W/O NAKUL NAGWE VS NAKUL S/O SHIVAJI NAGWE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.M.Jaltare, counsel for applicant Mr. Abhay Sambre, counsel for non-applicant. CORAM : Y. G. KHOBRAGADE, J. DATED : 18-08-2026 1. Heard Mr. A.M. Jaltare, learned counsel appearing for the applicant/wife, and Mr. Abhay Sambre, learned counsel appearing for non-applicant/husband, at length. 2. By the present revision application filed under Section 115 of the Civil Procedure Code and the applicant/wife prays for quashing of the order dated 18/12/2023 passed below Exhibit No. 13 in Regular Civil Suit No. 92 of 2018 by the learned Civil Judge Junior Division, Deulgaonraja, District Buldhana, whereby the application filed by the applicant under Order VII Rule 11 of the Code of Civil Procedure came to be rejected. 3. Admittedly, the non-applicant/husband filed Regular Civil Suit No. 92 of 2018 before the learned Civil Judge Junior Division, Deulgaonraja, District Buldhana, seeking decree for dissolution of marriage solemnized between the applicant and the non-applicant on 09/05/2007. The applicant/defendant-wife filed an application below Exhibit No.13 under Order VII Rule 11 of the Code of Civil Procedure, on the ground that learned Civil Judge, Junior 2 927cra43.2024.odt Division, Deulgaonraja, had no jurisdiction to try and decide the suit, and therefore prayed for rejection of the suit on the ground of want of jurisdiction. On 18/12/2023, learned Civil Judge, Junior Division, Deulgaonraja, passed the impugned order and rejected the said application filed under Order VII Rule 11 of Code of Civil Procedure. 4. During the course of arguments, learned counsel appearing for the non-applicant/original plaintiff / husband, on instructions, made a statement that non- applicant is ready and willing to withdraw the suit, with liberty to file appropriate proceedings before the appropriate Court. 5. In view of the statement, Regular Civil Suit No. 92 of 2018 filed by the present non-applicant/original plaintiff/ husband is hereby disposed of as withdrawn, with liberty to file a fresh proceedings before the appropriate forum, in accordance with law. The period consumed in prosecuting Regular Civil Suit No. 92 of 2018 shall be considered in accordance with the provisions of Section 14 of the Limitation Act, 1963, subject to the satisfaction of the conditions stipulated therein. 6. In view of the disposal of the suit as withdrawn, the impugned order dated 18/12/2023 passed below Exhibit 13 is hereby set aside. 7. Accordingly, Civil Revision Application is disposed of as withdrawn. 3 927cra43.2024.odt 8. On the request of learned counsel for the non- applicant, eight weeks' time is granted to the non- applicant to file appropriate proceedings, as prayed for. [JUDGE] rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 19/08/2026 18:12:10