Bombay High Court
SHIVANI PRAVIN VISHWAKARMAversusPRAVIN JAIPRAKASH VISHWAKARMA
- Disposal
- DISPOSED OFF
- Bench
- ABHAY MANTRI
Holding
The miscellaneous civil application is dismissed as infructuous.
Summary
The applicant, Shivani Pravin Vishwakarma, sought an adjournment of a miscellaneous civil application to take further steps after a stay order was granted by this Court on 21 February 2026. The applicant argued that despite the stay, the 3rd Joint Court of Small Causes, Vasai, had proceeded to dispose of H.M.P. No. 603 of 2024 on 22 August 2025, directing the applicant to resume cohabitation with the respondent within two months. The Court examined the record and noted that the order of disposal rendered the present application moot, as the applicant could challenge the Vasai order in the appropriate forum. Consequently, the Court found no merit in granting an adjournment. The application was therefore declared infructuous and disposed of.
Issues considered
- Whether the applicant is entitled to an adjournment of the miscellaneous civil application.
- Whether the stay order granted by this Court prevents the 3rd Joint Court of Small Causes, Vasai, from disposing the pending matter.
- Whether the disposal of H.M.P. No. 603 of 2024 renders the present application infructuous.
Subjects
- adjournment
- stay order
- infructuous application
- family law
- cohabitation
- civil procedure
Judgment
2026:BHC-AUG:18933
902-MCA-46-25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
MISCELLANEOUS CIVIL APPLICATION NO. 46 OF 2025
Shivani Pravin Vishwakarma ..APPLICANT
VERSUS
Pravin Jaiprakash Vishwakarma ..RESPONDENT
....
Mr. A.S. Tilve, Advocate for the Applicant (Through V.C.)
....
CORAM : ABHAY J. MANTRI, J.
DATE : 28th APRIL, 2026
PER COURT :
1. Learned counsel for the Applicant seeks an adjournment to take
appropriate steps in the matter. However, it appears that during the
pendency of this Application, the H.M.P. No. 603 of 2024 was disposed of vide
order dated 22nd August, 2025, by the learned 3 rd Jt. C.J.S.D., Vasai. Thus, it
appears that this matter has rendered infructuous.
2. Learned counsel for the Applicant further submitted that despite
granting a stay by this Court vide order dated 21 st February 2026, learned 3rd
Jt. C.J.S.D., Vasai, has proceeded and disposed of the matter, and therefore,
he seeks adjournment.
3. On perusal of the record, it appears that this Court has granted a
stay to the proceedings before the learned 3 rd Jt. C.J.S.D., Vasai. However,
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902-MCA-46-25.odt
despite the said fact, the proceeding was disposed of vide order dated 22 nd
August, 2025. By disposing of the proceeding, the learned 3 rd Jt. C.J.S.D.,
Vasai, directed the Applicant to resume cohabitation with the Respondent
within two months. The Applicant can challenge the said order before the
appropriate Court. As such, I do not find substance in his contention to
adjourn the matter.
4. In view of the disposal of the H.M.P. No. 603 of 2024 pending
before the learned 3rd Jt. C.J.S.D., Vasai, this Application rendered
infructuous.
5. Hence, the Miscellaneous Civil Application is disposed of as
infructuous.
( ABHAY J. MANTRI, J. )
SSD
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