1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4291 OF 2008 Anilkumar Dharampal Singh ..Petitioner. Vs. Seema Anil Kumar ..Respondent. ... Mr. Yogendra K. Sharma for the Petitioner. Mr. S.A. Bhagwat i/b Nagi & Associates for the Respondent. .... CORAM: DR. D.Y. CHANDRACHUD, J. 7th July, 2008. P.C. : In compliance with the order passed by the Family Court on 28th April, 2008, Counsel appearing for the Petitioner states that an amount of Rs.15 lacs has already been deposited before the Family Court. The application filed by the Respondent was for an order of injunction restraining the Petitioner from disposing of or alienating the flat. The Learned Judge of the Family Court has observed that the flat came to be sold even during the pendency of the proceedings for divorce instituted by the Petitioner when a counter claim by the Respondent for restitution of conjugal rights 2 was pending and without informing the Court. The Family Court passed an equitable order directing the Petitioner to deposit an amount of Rs.15 lacs out of the total consideration of Rs.24 lacs approximately in order to protect the interest of the Respondent and the minor child who is aged three years. At this stage of the matter, since the order of deposit has already been complied with, Counsel appearing for the Petitioner seeks the permission of the Court to withdraw the Petition with liberty reserved to move the Family Court for an order permitting withdrawal of the amount subject to such terms and conditions as may be decided by the Family Court. On the request of counsel appearing for the Respondent it is clarified that if any such application is moved, it would be open to the Respondent to raise all appropriate defences that will be considered by the Family Court. The Petition is dismissed as withdrawn in the aforesaid terms. *****