The bench disposed of two civil applications by ruling that since the trial court denied an interim prayer during the suit's pendency, no relief should be granted in the appeal after the suit's dismissal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1524 OF 2006 IN FIRST APPEAL NO. 565 OF 2006
Smt. Sunanda Bhagwan Deshpande and Ors.
....Applicants.
V/s
Shri Haribhau Patlu Choudhari (Deceased) Through his legal heirs 1-A) Shri Prabhakar Haribhau Choudhari & Ors. ..... Respondents.
Mr. V.G. Peshve for the applicants.
Mr. Y.A. Sakhare i/b M/s Y.K. Legal for respondent Nos. 1-A to 1-E. ----
ALONG WITH CIVIL APPLICATION NO.1353 OF 2006 IN FIRST APPEAL NO.505 OF 2006
Smt. Sundanda Bhagwan Deshpande and Ors. .... Applicants.
V/s
Shri Anna Eknath Choudhari, (Deceased) Through legal heirs, 1A) Smt. Parvatibai Anna Choudhari & Ors. .... Respondents.
Mr. V.G. Peshve for the applicants.
Mr. Y.A. Sakhare i/b M/s Y.K. Legal for respondent Nos. 1-A to 1-C and 2.
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CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. DATE : 26th November, 2007.
P.C.:
It is common ground that while the suit was pending, the present appellant - plaintiff had prayed for the same interim order before the Trial Court and the Trial Court did not grant that order. Now the suit has been dismissed. In our opinion, therefore, it will not be appropriate to grant the relief which was not operating during the pendency of the suit in favour of the appellant. Both the Civil Applications are disposed of.
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Smt. Sunanda Bhagwan Deshpande and Ors.
Shri Haribhau Patlu Choudhari (Deceased) Through his legal heirs 1-A) Shri Prabhakar Haribhau Choudhari & Ors.
Smt. Sundanda Bhagwan Deshpande and Ors.
Shri Anna Eknath Choudhari (Deceased), Through legal heirs, 1A) Smt. Parvatibai Anna Choudhari & Ors.
D.K. Deshmukh
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
