1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. First Appeal No. 286 of 2008 Sau Rashmi v. Shri Devesh ------------------------------------------------------------------------------------------------------------- - Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr D.M. Dixit, Adv for appellant Mr M.B. Naidu, Adv for respondent. Coram : A.M. Khanwilkar and R.C. Chavan, JJ Dated : 24th April 2008 Heard learned counsel for the parties. After hearing learned counsel for the parties for some time, as we were inclined to allow this appeal at the admission stage itself in the peculiar facts and circumstances of the case, learned counsel for respondent submitted that the Court may relegate the parties to Trial Court without recording any reasons on any of the issues raised in the present appeal. In the circumstances, we refrain from recording any reasons, as suggested by learned counsel for the respondent. Appeal is allowed. Impugned judgment and order is set aside. Petition No. A-516 of 2005 is restored to the file of Family 2 Court to be proceeded in accordance with law after providing opportunity to the appellant to file Written Statement. The trial will proceed from the stage of filing of the Written Statement. The Trial Court shall grant fair opportunity to both the sides to adduce their respective evidence – oral and documentary, after the Written Statement is filed and issues are re-cast, if required. This order is passed by consent of parties. The Trial Court shall endeavour to dispose of the remanded proceedings expeditiously. Parties shall remain present before the Trial Court on 5th May 2008 on which date the Trial Court may indicate next date of hearing and for filing of Written Statement. Appeal disposed of accordingly with no order as to costs. Judge. Judge. joshi