1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.3894 OF 2008 Bhagwati Prasad Nawalgaria Petitioner vs. Geeta B. Nawalgaria Respondent Mr.Mangesh Bhandari with Mr.N.M.Shah for the petitioner. Mr.R.V.Bansode for the respondent. CORAM : R.V. MORE,J. DATED : 25th July, 2008 P.C. The learned counsel for the respective parties, after hearing the petition for some time, agree that the impugned order be quashed and set aside and the matter be remanded back for disposal of the petitioner’s application at Exhibit "X" afresh. The learned counsel for the petitioner also makes a statement that the petitioner will deposit the entire arrears of maintenance within a period of two weeks from today in Family Court and thereafter will go on depositing the same as per order of this court dated 27.11.2007 in Writ Petition No.4231/2007. 2. In view of above, no reasons are required to be given for quashing the impugned order and the writ petition is disposed of by following order: 2 ORDER ORDER ORDER (i) The impugned order dated 29.3.2008 passed by the Judge, Family Court No.5, Bandra, Mumbai below application at Exhibit "X" in Petition No.C-194/2006, is quashed and set aside and the matter is remanded back for fresh disposal in accordance with law. (ii) The statement of the learned counsel for the petitioner that the petitioner will deposit the entire arrears of maintenance within a period of two weeks from today in Family Court and thereafter will go on depositing the same as per order of this court dated 27.11.2007 in Writ Petition No.4231/2007 is accepted. (iii) In view of the observation of the learned Judge, Family Court No.5 in para 13 coupled with the order of this Court dated 27.11.2007 passed in Writ Petition No.4231/2007, the learned Principal Judge of the Family Court is directed to allot assignment of the application at Exhibit "X" in Petition No.C-194 of 2006 to any other court with a direction to dispose of the same as early as possible and preferably within three months from the date of receipt of this order. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]