MADHURI PRABHAKAR PATOLE Vs. ARUNA SATISHCHANDRA GAIKWAD

JUDGEMENT

(1.) In view of the reference made by the learned Single Judge of this Court (CORAM : A.M. KHANWILKAR, J.) and directions given by the then Hon'ble Chief Justice, the present matter was placed before us for resolving following issue :-

(2.) Brief facts giving rise to this reference are as under :-

(3.) In the meantime, the learned Single Judge of this Court (D.G. Karnik, J.) while deciding Writ Petition No.10602 of 2004 had passed an order on 14/03/2006 whereby it was held that Section-9A of CPC as applicable to State of Maharashtra stands repealed by Section-32 of the Code of Civil Procedure (Amendment) Act, 1999 and also by Section-16 of the Code of Civil Procedure (Amendment) Act of 2002.