Disposed

Sheetal Ashok Panwalkar @ Pushpa Kamble v. South Indian Childrens Education Society and Ors.

Bombay HC23 Jan 2008CAL/403/2007

Case brief

AI extract

What is this about?

The High Court of Bombay disposed of a letters patent appeal and a related civil application. The bench set aside an interim order by the Single Judge due to lack of reasons, remanding it for fresh consideration on merits.

What did the court decide?

Set aside order; matter remanded to Single Judge; civil application disposed as infructuous.

Sheetal Ashok Panwalkar @ Pushpa Kamble Vs… — Civil Procedure and Limitation | Bombay HC (2008)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

CIVIL APPELLATE JURISDICTION

¶3

 LETTERS PATENT APPEAL NO.302 OF 2007
WITH
 CIVIL APPLICATION NO.403 OF 2007

¶4

 Mrs.Sheetal Ashok Panwalkar
 @ Pushpa Kamble ..Appellant.

¶5

 V/s.

¶6

 South Indian Children’s Education
 Society & Ors. ..Respondents.

¶7

 Mr.R.S.Apte i/b. A.R.Gole for appellant.

¶8

 Mr.N.P.Bandiwadekar for respondent No.3.

¶9

CORAM : SWATANTER KUMAR, C.J.AND
J.P.DEVADHAR, J.

¶10

DATED : 23RD JANUARY, 2008.

¶11

P.C. :-

¶12

 1. Learned counsel appearing for the appellant

¶13

 stated that various arguments had been addressed before
 the learned Single Judge for grant of interim relief.
 The appellant had also relied upon the Judgment of the
 Supreme Court. According to him, the order passed by
 the learned Single Judge does not deal with any of the
 contentions nor provide any reasons for rejection of
 its prayer for interim relief. Learned counsel

¶14

 appearing on behalf of the respondents stated that he
 has no objection if the impugned order is set aside and
 matter is remanded for consideration afresh in

¶15

 - = : 2 : = -

¶16

 accordance with law before the learned Single Judge.
 In view of the stand taken by the respondents, we set
 aside the order dated 7th December, 2007 and direct
 that the matter be listed before the learned Single
 Judge. We request the learned Single Judge to deal
 with the contentions raised by the petitioner. Liberty
 to the appellant to make a request before the learned
 Single Judge even for disposal of the petition on
 merits.

¶17

 2. Appeal disposed of accordingly with no order
 as to costs.

¶18

 3. As the appeal itself is disposed of nothing
 survives in the Civil Application No.403 of 2007.
 Hence Civil application is disposed of as infructuous.

¶19

CHIEF JUSTICE

¶20

J.P.DEVADHAR, J.

Sheetal Ashok Panwalkar @ Pushpa Kamble v. South Indian Childrens Education Society and Ors.

Case brief

What is this about?

What did the court decide?

Sheetal Ashok Panwalkar @ Pushpa Kamble v. South Indian Childrens Education Society and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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