bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 6068 OF 2008 PETITION NO. 6068 OF 2008 PETITION NO. 6068 OF 2008 Mohan Kumar Rayana ... Petitioner v/s Komal Mohan Kumar Rayana ... Respondent Mr.Kevic Setalwad with Karl Tamboly and Umang Jain i/by M/s.D.H.Law Associates for the petitioner. Mr.R.T.Lalwani for the respondent. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 15TH DECEMBER, 2008 15TH DECEMBER, 2008 15TH DECEMBER, 2008 P.C. P.C. P.C.: 1. The petition has been filed to challenge the order passed by the Family Court in a miscellaneous application refusing to restore the divorce petition which was dismissed for default. The learned advocate for the respondent points out the provisions of Section 19 of the Family Courts Act, 1984 and submits that every judgment and order passed by the Family Court is appealable if it is not an interlocutory order. 2. The order passed is not an interlocutory order and, therefore, Mr.Setalwad seeks permission to withdraw the petition with liberty to file an appeal under the Act. Allowed to be withdrawn with liberty as prayed for. 2 3. Writ petition stands dismissed as withdrawn.