ROHIDAS TUKARAM MAYEKAR Vs. RUPALI ROHIDAS MAYEKAR

JUDGEMENT

(1.) Heard the applicant in person and Mr.Clayton Fonseca, learned Counsel for the respondent.

(2.) Though earlier present matter was registered as Second Appeal, it was converted into Appeal from Order vide order dtd. 07/02/2021, therefore, the provisions of Order 43 Rule 1(u) of the CPC stands attracted which deals with an appeal against an order under Rule 23 of Order 41 remanding a case, where an appeal would lie from the decree of the Appellate Court.

(3.) Since while dealing with such appeal, the provision of Sec. 100 of CPC stands attracted, though notices were issued and records and proceedings were called vide order dtd. 02/03/2023 it was made clear that since the matter is arising out of matrimonial discord and original proceedings are of the year 2016, the matter would be taken up for final disposal on 30/03/2023.