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2026 DAILYLAW 15006 (BOM)

ASHISH S/O LATE MANIKRAO KAMBLE v. VIBHA W/O ASHISH KAMBLE

WP/8059/2026 · 2026-10-06

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Judgment text

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(1) 54 wp 8059-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 8059 OF 2026 Ashish S/o Late Manikrao Kamble VERSUS Vibha W/o Ashish Kamble -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------- Ms K.G. Badani, Advocate for petitioner. CORAM : NANDESH S. DESHPANDE, J. DATED : 06.10.2026 Heard Ms. Badani, learned Counsel for the petitioner. 2. There is a challenge to the order dated 09.09.2026, passed below Exhibit 16 by the Judge, Family Court No. 3, Nagpur, in Petition No. A-1390/2025. The said order passed below Exhibit 16 rejects the application filed by the petitioner, which was filed for setting aside an ex- parte order passed against the petitioner. 3. I have gone through the impugned order. The learned Counsel for the petitioner is fair enough to concede that the application seeking setting aside of the ex-parte order was not properly worded. 4. In that view of the matter, the petition is allowed. (2) 54 wp 8059-2026 5. Order dated 09.09.2026, passed below Exhibit 16 by the Judge, Family Court No. 3, Nagpur, in Petition No. A-1390/2025, is hereby set aside, and the matter is remanded back to the Trial Court. 6. Liberty is granted to the petitioner to file a proper application, spelling out the reasons in detail, seeking setting aside of the ex-parte order. 7. If such an application is moved, the Trial Court is directed to decide the application on its own merits without being influenced by the earlier order passed on 09.09.2026, which is impugned in the petition. 8. With this direction, the petition is allowed and disposed of. (NANDESH S. DESHPANDE, J.) sJayashree.. Signed by: Mrs. Jayashree Pethe Designation: PA To Honourable Judge Date: 06/10/2026 18:28:48