Dismissed

Shri Prithviraj Sahebrao Jachak v. Smt. Vimal Dnyandeo Borwake and Others

Bombay HC5 Dec 2009FA/418/1992

Case brief

AI extract

What is this about?

Appeal dismissed for non-prosecution as the second respondent was not served. Court held award attained finality against second respondent, making inconsistent award impossible, thus appeal fails.

What did the court decide?

Appeal dismissed for non-prosecution as against the second respondent due to appeal not surviving inconsistency with final award.

Shri Prithviraj Sahebrao Jachak Vs Smt. Vimal Dnyandeo… — Property and Title | Bombay HC (2009)

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KBP 418-92.sxw

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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FIRST APPEAL NO.418 OF 1992

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(Prithviraj Vs. Vimal)

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Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders appearances, Court’s orders or directions and Registrar’s order None present for appellant. Mr.D.R.Makadik i/b.Mr.S.R.Singh, for respondent. CORAM : A.S.OKA, J. DATE : 5th December, 2009 P.C. The office note shows that the appellant is duly served with the Court Service notice. None appears for the appellant. No steps have been taken to serve the notice of the appeal to the second respondent whose notice has been returned unserved. Hence, the appeal stands dismissed for non prosecution as against the second respondent. 2] The second respondent is one of the original claimants. The award has attained finality in so far as the said claimant is concerned. Even if the appellant succeeds in the appeal, inconsistent award cannot be passed. Hence, the appeal does not survive and the same is accordingly dismissed.

Shri Prithviraj Sahebrao Jachak v. Smt. Vimal Dnyandeo Borwake and Others

Case brief

What is this about?

What did the court decide?

Shri Prithviraj Sahebrao Jachak v. Smt. Vimal Dnyandeo Borwake and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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