Appeal against writ proceedings filed regarding a question of will production and restoration of dismissal. Appellant appeared in person and withdrew the appeal without argument on merits.
Appeal disposed of as withdrawn with liberty to take appropriate legal steps as permissible in law.
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.
-1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
LETTERS PATENT APPEAL NO. 110 OF 2007
Vasant Ganesh Kelkar
... Appellant
vs.
Smt. Aparna Jha and others ... Respondents
Mr. Bhavesh Parmar for the appellant. Mr. S.B. Deshmukh for respondent Nos. 1 and 2.
CORAM : SWATANTER KUMAR, C.J. &
J.P. DEVADHAR, J.
DATE: DECEMBER 05, 2007 .
P.C.
Learned counsel appearing for the appellant vehemently
argued that the original will dated 28th August, 1987, on which the entire claim of respondent in the present appeal was founded was never produced before the Court. Several documents annexed to the writ petition would show that when the appellant applied for a certified copy of the Will in question, a remark was recorded by the Registrar stating that the original will was never submitted to the office of the Registrar.
On this premise, it is submitted that there was a legal error in the order passed by the Court of competent jurisdiction. The review application
-2-
was dismissed for default and an application for restoration filed was also dismissed. The appellant could not be rendered remediless and as such the writ petition before this Court being Civil Writ Petition No. 2447 of 2006 was maintainable and ought to have been allowed by the learned single Judge.
CHIEF JUSTICE
J.P. DEVADHAR, J.
Vasant Ganesh Kelkar
Smt. Aparna Jha and others
SWATANTER KUMAR
J.P. DEVADHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
