Having considered submissions advanced on behalf of both the sides, so also considering the relief prayed in Para-8(a) of this application, it transpires that the applicant prayed to quash and set-aside order passed by the learned Family Court, Vadodara, in Criminal Misc. Application No.1707 of 2011 regarding maintenance under Section 125 of the Code of Criminal Procedure on 27.05.2011 as well as it is prayed to quash and set-aside the order dated 18.04.2011, passed by the learned Family Court, in H.M.P.Suit No.660 of 2008.
Learned advocate Mr.Mohanan for learned advocate Mr.K.G.Sheth for the applicant, submits that so far as the later part of the relief namely to quash and set-aside the order passed by the Family Court in H.M.P. No.660 of 2008 is concerned, the applicant has preferred separate application being Special Civil Application No.3947 of 2012 in this Court, and therefore, so far as the instant application is concerned, that part of the prayer is not pressed in this application.
Mr.Mohanan, learned advocate for the applicant further submits that he shall move the Registry to see that both the matters i.e. the instant matter being Special Criminal Application No.1796 of 2011 as well as Special Civil Application No.3947 of 2012 are listed in any one Hon'ble Court and for that purpose, he seeks time.
In above view of the matter, the later part of the prayer, prayed in Para-8(a), seeking quashing and setting aside order dated 18.04.2011, passed by the Family Court, Vadodara, in H.M.P.No.660/2008 is concerned, the said prayer stands deleted.
As requested by Mr.Mohnan, learned advocate for the applicant, time is granted. S.O. to 13th April,2012.
(J.C.UPADHYAYA, J.) Girish Top