1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5057 OF 2008 WITH CIVIL APPLICATION NO.2029 OF 2008 Swapnil @ Neil A. Shah. ...Petitioner. Vs. Khyati Swapnil @ Neil Shah & Anr. ...Respondents. .... Mr.Ajay Khandar for the Petitioner. Ms.Preeti Gada i/b. M/s.Sudhir Shah & Associate for Respondent No.1. Mr. S.D. Rayrikar, AGP for Respondent No.2. ..... CORAM : DR.D.Y.CHANDRACHUD, J. September 23, 2008. P.C. The Petition has been instituted in order to challenge an order passed by the Family Court declining to take the Written Statement of the Petitioner on record. At the hearing of the petition, Counsel appearing on behalf of the First Respondent has agreed to the Written Statement being taken on record subject to the payment of costs quantified at Rs.15,000/- which shall be a condition precedent. Accordingly, by consent, the following order is passed: 2 (1) The Petitioner is permitted to file his Written Statement before the Family Court on the next date of hearing, namely 30th September 2008, subject to the payment of costs quantified at Rs.15,000/- to the First Respondent. Costs to be paid on or before the next date of hearing before the Family Court and shall be a condition precedent; (2) The Petitioner shall also file his reply, if any, to the application for interim maintenance on or before 30th September 2008 before the Family Court; (3) The Family Court is requested to expedite the disposal of the application for interim maintenance and shall endeavour to do so on or before 15th November 2008; (4) In view of the fact that the Petitioner has been permitted to file the Written Statement, the Family Court shall now proceed with the trial in accordance with law. 3 The petition shall stand disposed of in the aforesaid terms since no other issue has been pressed on either side. In view of the disposal of the petition, the Civil Application does not survive and shall accordingly stand disposed of. ......