The Writ Petition challenging an appellate order refusing interim relief in a suit for declaration and injunction was dismissed as infructuous because the underlying suit was disposed of ex-parte during the pendency of the Writ Petition.
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.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
APPELLATE SIDE
WRIT PETITION NO. 7255 of 2002
Shri Seshagiri T. Baru & Anr. .. Petitioners
versus
Mr.Morgan John Miranda & ors. .. Respondents
Mr.M.N. Morje for the petitioners.
CORAM : D.G. KARNIK, J
DATED : 23rd April 2007.
P.C.:
1. This Writ Petition is directed against the
order dated 9th August 2002 passed by the appellate
Bench of the Small Causes Court, Mumbai in Appeal
no.26 of 2002.
2. The appellants filed a suit bearing Suit
no.570 of 2000 in the Small Causes Court, Mumbai
against the respondent for declaration and
injunction. In the said suit, the appellants took
out an interim notice no.625 of 2001 for interim
order for restoration of water supply and restraining
the respondents from interfering with their
possession. By an order dated 12th October 2001, the
learned Judge dismissed the notice.
Aggrieved petitioner filed an appeal bearing Appeal
No.26 of 2002 challenging that order. By an order
dated 9th August 2002, the appellate Bench dismissed
the appeal.
3. Mr.Morje, learned counsel for the petitioner
states that during the pendency of the Writ Petition,
the entire suit bearing Suit no.570 of 2000 itself
has been decided ex-parte. In view of the fact that
the entire suit has been disposed of, there is no
question of granting any interim relief pending
decision of the suit or considering the correctness
of the order refusing the interim relief. In the
circumstances, Writ Petition has become infructuous
and is accordingly dismissed as infructuous.
(D.G. KARNIK, J)
Shri Seshagiri T. Baru & Anr.
Mr.Morgan John Miranda & ors.
D.G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court