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2021 DIGILAW 1487 (BOM)

Sabina Yusuf Lakdawala v. State of Maharashtra

2021-11-03

S.J.KATHAWALLA, SURENDRA P.TAVADE

body2021
JUDGMENT 1. The grievance of the Petitioner is that she is deprived entry in her matrimonial home since 3rd July, 2021. On 22nd October, 2021, the Division Bench of this Court (Coram : Nitin Jamdar and Sarang V. Kotwal, JJ.) passed the following Order : "This Petition was adjourned so that the Respondents Nos.5 to 10 could file reply and make their stand clear as regards the mediation. On both counts the learned counsel for Respondent Nos.5 to 10 seeks further time. Stand over to 22 November 2021. Ad- interim order granted earlier to continue till then. 2. The learned counsel for the Petitioner makes a grievance that inspite of the fact that the Petitioner is entitled to reside at her residence, she is not being permitted by Respondents Nos.5 to 10. The learned counsel for the Respondents Nos.5 to 10 controverts this position. The direction to the Respondents Nos.5 to 10 not obstruct the Petitioners entry or permit the Petitioner to enter in the house is beyond the scope of this Petition. The learned counsel for the Petitioner states that the Petitioner will approach the concerned competent Court for that purpose. The same will be considered on its own merits." 2. It is submitted before us today that the Learned Magistrate had heard the Application on 26th October, 2021 but has not pronounced the Order. It is also submitted that the Learned Magistrate is on leave upto 8th November, 2021. 3. In view thereof, we request the Learned Magistrate to pass the order in the matter filed by the Petitioner and heard by him on 26th October, 2021 on or before 10th November, 2021, strictly on merits.