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2026 DAILYLAW 15028 (BOM)

BHUSHAN S/O BABARAO HALAWANE v. SAU. SNEHAL W/O BHUSHAN HALAWANE

WP/7839/2026 · 2026-10-05

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Judgment text

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1 / 2 10.wp7839.2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7839 OF 2026 BHUSHAN S/O BABARAO HALAWANE VS. SAU. SNEHAL W/O BHUSHAN HALAWANE ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ---------------------------------------------------------------------------------------------- Ms. Preeti Gwalani, Advocate h/f Mr. J.B Gandhi, Advocate for petitioner. CORAM : NANDESH S. DESHPANDE, J. DATE : 05.10.2026 Heard Ms. Gwalani, learned counsel for the petitioner. 2. The present petition challenges common order dated 07.08.2026 passed below Exhibits 36 and 37 in Petition No.A-168 of 2023 by the learned Family Court at Akola. 3. By way of said order, the applications which are filed at Exhibits 36 and 37 i.e. for setting aside ‘No W.S. Order” and “No Cross Order’ are allowed subject to payment cost of Rs.2,000/-. 4. I have heard Ms. Gwalani, learned counsel for the petitioner, she submits that looking at the inordinate delay caused in filing those Prity 2 / 2 10.wp7839.2026 applications, the trial Court ought not to have allowed those applications. 5. She further submits that even though the settled principle of law, the liberal approach ought to have been adopted while granting such applications, this was not a case for adopting such approach, looking at the backdrop of the facts that it was the respondent, who was intentionally delaying the proceedings of the trial. She, therefore, prays for allowing the petition and quashing the impugned order. 6. I have gone through the impugned order. The said order takes into consideration the entire history of the matter. However, I am of the considered opinion that the said order needs to be modified by increasing the costs of Rs.2,000/- to Rs.10,000/-. With this modification, the writ petition is dismissed. [ NANDESH S. DESHPANDE, J. ] Prity Signed by: Mrs. Prity Gabhane Designation: PA To Honourable Judge Date: 06/10/2026 18:17:55