Second Appeal in a civil suit seeking injunction against an order closing a liquor shop. The court held no substantial question of law arose and dismissed the appeal.
Second Appeal dismissed; accompanying Civil Application disposed off.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.146 OF 2010
IN
CIVIL APPLICATION NO.403 OF 2010
Shri Vitthal Pandurang Gholape Vs.
State of Maharashtra & Ors.
)..Appellant
)..Respondents
Mr. Rahul P. Walvekar for the appellant.
Date : 12th March, 2010
PC
1 This is a Second Appeal filed by the original plaintiff. The plaintiff is running a country liquor shop. In the year 2007, he filed a suit for injunction against the defendants who are the Tahsildar, Superintendent, State Excise department and State of Maharashtra not to close down his shop except due process of law. Both the courts have dismissed the suit on the ground that the said suit is barred by implication. Advocate however, states that the order has been passed under Section 54 of the Bombay Prohibition Act, 1949 for closer
of the said shop. This indicates that due process is sought to be followed. In the circumstances, there is no substantial question of law left in the appeal. Second Appeal is therefore, dismissed. It is however, clarified that in the appeal which is allegedly pending, the authority will decide the appeal on its own merits without being influenced by any findings of the Court in the impugned judgment and decree.
CIVIL APPLICATION NO.403 OF 2010
As the Second Appeal is dismissed, this application does not survive and stands disposed off accordingly.
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1 provisions across 1 enactments
Shri Vitthal Pandurang Gholape
State of Maharashtra & Ors.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
