-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.826 of 2008 Mrs.Monica Amarnath Madurai ..Petitioner vs. 1.Mr.Amarnath Madurai son of Madurai Muthu and another ..Respondents Shri G.S.Godbole i/b Smt.Kokila Kalra for petitioner. Shri Abhijit Sarvate for respondent no.1. Shri R.S.Apte i/b Shri Anil Dhavale for respondent no.2. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 16th February, 2008 16th February, 2008 16th February, 2008 P.C. P.C. P.C. 1. This matter was argued Yesterday and placed for orders today. Shri Godbole appears for the petitioner and states that in the peculiar facts of this case, the petitioner would withdraw the petition/proceeding in the Family Court, Pune but liberty should be granted to her to file a substantive suit against the respondents with regard to transaction that has been arrived at between them, in respect of the immovable property, more particularly mentioned in the order of the Family Court. 2. Accordingly, the following order is passed:- -2- i) The petitioner is allowed to withdraw P.B.No.26 of 2007 pending on the file of the Family Court at Pune with liberty to file civil suit. All contentions of both sides with regard to merits of the controversy so also maintainability of the proceedings are kept open. ii) Needless to state that in the suit, if instituted, the petitioner would be at liberty to apply for interim injunction in terms of relief prayed therein and such application would be decided by the concerned civil Court after hearing both sides and not being influenced by the findings recorded by the Family Court at interlocutory stage. iii) To enable the petitioner to file the substantive suit, the order of status quo passed on 15th May, 2007 passed by Family Court is continued for a period of 10 days from today. Needless to state that if the suit is not filed the writ petition would stand dismissed so also the order of the Family Court would be confirmed. No further extension of the status quo order will be granted in any circumstances. -3- The Civil Court also should not be influenced by the fact that the order of statusquo granted by the Family Court is continued by this Court from time to time. It is clarified that it is only to enable the petitioner/wife to file a civil suit and anxiety to see that she is not rendered remediless. iv) Petition is disposed of. No costs. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)