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C.O. No.1713 of 2016
Smt. Ruchika Agarwal
v.
Sri Vikas Agarwal
29.03.17
SL-27 Mr. Aniruddha Chatterjee
(S.R.) Mr. Ankit Agarwala
Ms. Alotriya Mukherjee … for the petitioner.
Mr. Debjit Mukherjee
Mr. Lokesh Sharma
Mr. A. Sharma … for the opposite party.
The revisional application has been preferred by the
wife ventilating her grievance that the order impugned has
been directed by the learned Trial Court by giving effect
from the date of order which, according to the petitioner’s
wife, ought to be from the date of original application
under Section 24 of the Hindu Marriage Act, 1955.
Mr. Mukherjee representing the opposite
party/husband submitted that challenging the self-same
order and with a view to reduce the amount of the
maintenance pendente lite as granted by the learned Trial
Court modifying earlier order passed under Section 24 of
the Act, another revisional application being C.O. No.2109
of 2016 has been filed which is pending before other co-
ordinate bench and, according to Mr. Mukherjee, both the
applications should be heard together by the same Court,
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since both applications arose out of the same order.
Although, this Court observes that the lis of the respective
revisional applications are different, though arose from
the self-same order passed by learned Trial Court, and,
since learned counsel for the opposite party also
submitted about his inconvenience today for want of
learned senior with him the hearing is adjourned and, if,
so advised either of the parties may take appropriate step
so that both the cases may be heard together by the same
Court. Alternatively this matter shall come up in the list
of this Court on 18th April, 2017 for hearing.
Be it made clear that since this Court did not grant
any stay order halting further proceeding of the
matrimonial suit pending before learned Trial Court,
learned Trial Judge is free to proceed with the suit for its
expeditious disposal.
(Mir Dara Sheko, J.)