Disposed

Sarika W/O. Ajay Patil v. State of Maharashtra and Ors.

Bombay HC7 Jul 2010LPA/147/2010

Case brief

AI extract

What is this about?

A Letters Patent Appeal against an interlocutory order clarifying that writ pendency does not preclude the civil court from hearing the suit on merits. The bench disposed of the appeal without expressing an opinion on the civil jurisdiction issue, reserving it for the civil court.

What did the court decide?

Appeal stands disposed of. The civil court is directed to decide the jurisdiction issue in accordance with law.

Sarika W/O. Ajay Patil Vs State of Maharashtra… — Civil Procedure and Limitation | Bombay HC (2010)

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LPA 147-10

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LETTERS PATENT APPEAL NO.147 OF 2010

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Sau Sarika W/o. Ajay Patil .. Petitioner Versus State of Maharashtra & Ors. .. Respondents

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Mr.R.F.Totla and Santosh Patil for Applicant/ Petitioner Mr.V.S.Talkute for respondent No.5 Mr.R.M.Patne, AGP for Respondent Nos. 1 to 4.

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CORAM : MOHIT S. SHAH, C.J. & S.C.Dharmadhikari, J. Date : 7^th July 2010.

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P.C.

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1] This petition under clause 15 of Letters Patent is directed against

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an interlocutory order passed by learned Single Judge in W.P.No.8314 of 2009 by which the learned Single Judge, while refusing to grant interim reliefs as prayed for by the appellant – petitioner, clarified that pendency of writ petition shall not preclude the civil court from hearing the suit on merits and in accordance with law and that if the suit is decreed or dismissed, liberty is granted to parties to move this court for interim orders. The learned Single Judge further observed that the civil court

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LPA 147-10 2

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should decide the suit in accordance with law and without being influenced by the orders passed by the Authorities below in the instant proceedings.

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2] The learned Counsel for the appellant – petitioner submits that the interlocutory order of the learned Single Judge may be construed as conferring jurisdiction on the civil court, which jurisdiction, in the opinion of the appellant - petitioner, the civil court does not have, in view of the provisions of Section 36A of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

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3] A fair reading of the order of the learned Single Judge would indicate that the learned Single Judge has merely clarified that the pendency of the writ petition shall not preclude the civil court from proceeding with the hearing of the suit. All subsequent observations are merely made to enable the parties to move the writ court after disposal of the suit. The order appealed against is not being capable of being interpreted as conferring jurisdiction on the civil court, if it does not have

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LPA 147-10 3

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such jurisdiction.

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4] We may however not be understood to have expressed any opinion either way and in case the appellant – petitioner raises any such objection, the civil court shall decide the same in accordance with law, without being influenced by any observations made in the order of the learned Single Judge or the observations made in this order. Appeal stands disposed of accordingly.

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(CHIEF JUSTICE)

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(S.C.DHARMADHIKARI, J)

Sarika W/O. Ajay Patil v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sarika W/O. Ajay Patil v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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