1 WP 959.11.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 959 OF 2011 Mr. Deepak Kishan Makhija. ... Petitioner. V/s. Mrs. Pinky Deepak Makhija. ... Respondent. Mr. Hitesh Vyas for the Petitioner. Mr. J.S. Chandnani for the Respondent. CORAM : R.Y. GANOO, J. DATED : 01st APRIL 2011. P.C. :- The Petitioner has challenged order dated 5th December 2010 passed by the learned Judge of the Family Court against the Petitioner below Exhibit 5 in Petition No. A-385 of 2009 filed by the Respondent – wife. After some arguments, learned Counsel for the Petitioner applied for withdrawal of this Petition. 2. Learned Counsel for the Petitioner submitted that the Petition for divorce filed by the Respondent being Petition No.A-385 of 2009 is pending before the learned Judge of the Family Court. He informed the Court that the Petitioner has filed a counterclaim in the aforesaid Petition No.A-385 of 2009 and has prayed for restitution of conjugal rights. He has 2 WP 959.11.sxw submitted that in the interest of Justice it will be proper if an order is passed directing the learned Judge of the Family Court, Pune to hear this proceeding expeditiously. 3. Looking to the facts and circumstances, I am inclined to direct the learned Judge of the Family Court to hear and dispose of Petition No.A-385 of 2009 filed by the Respondent and the counterclaim therein as expeditiously as possible. In view of the above discussion, following order is passed :- (i) The Petition is allowed to be withdrawn with no order as to costs. (ii) The learned Judge of the Family Court, Pune is hereby directed to hear and dispose of Petition No.A- 385 of 2009 filed by the Respondent and the counterclaim filed by the Petitioner therein as expeditiously as possible. (R.Y. GANOO, J.)