1 58.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.58 OF 2011 IN FAMILY COURT APPEAL NO.36 OF 2008 WITH FAMILY COURT APPEAL NO.36 OF 2008 Jeenal wife of Arpan Doshi ...Applicant Versus Arpan Bupendra ...Respondent ...... Mr.Amol Joshi for Applicant. Mr.Manoj Dalvi for Respondent. ...... CORAM:- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR, JJ. DATED:- MARCH 23, 2011. P.C. 1. By this Application, the applicant wife prays for permission to withdraw Family Court Appeal No.36 of 2008 pending in this Court with liberty to agitate the relief regarding return of Streedhan property. We are informed that both the parties have filed separate Petitions before the Trial Court for granting decree of divorce. In the event, any party is required to approach this Court against the decree to be passed by the lower Court, the applicant can request the Court for revival of the present Appeal so that this Appeal can be heard along with the said appeal. This request can be 2 58.11 acceded as it will not cause any prejudice to the respondent husband. However, it is not possible for us to permit the applicant wife to once again go back before the Trial Court for the relief of return of streedhan property which issue has already been answered by the Trial Court in the impugned decision dated 4th December, 2007 which is the subject matter of challenge in the Family Court Appeal No.36 of 2008. 2. The Application is allowed on the above terms. 3. In view of the above, the Family Court Appeal No.36 of 2008 be treated as allowed to be withdrawn with liberty to get it revived if and when occasion arises. 4. Companion Family Court Appeal Nos.42/2008 and 43/2008 be proceeded for hearing as per their turn under appropriate caption. (MRS.MRIDULA BHATKAR, J.) (A.M.KHANWILKAR, J.)