Disposed
Ms. Florinda Anib D Monte. v. 1. Yasmeen Fakir Mohammed and Ors.
Bombay HCCAF/274/2011
Case brief
from the order text
What is this about?
ndm FARAD CONTINUATION SHEET No. IN THE HIGH…
What the court decided
AI extract
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1
5 caf.274.11
ndm
FARAD CONTINUATION SHEET No.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 274 OF 2011
IN
FIRST APPEAL NO. 37 OF 2011
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders
Court’s or Judge’s orders
Mr. David Joseph i/b Mr. Antony Marques for the Applicant. Mr. M.G.Hegde for Respondent No.1.
CORAM : A.S.OKA, J. DATE : 25th January, 2011.
P.C.
2 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for the 1st respondent.
3 The learned counsel appearing for the Applicant states that the appeal will be confined to order passed on 18th November, 2010 in Chamber Summons No.770 of 2010. To the extent of the order passed on chamber summons, the appeal may be maintainable. The appeal was dismissed when the advocate for the Applicant was not present. Hence, a case for restoration is made out. Order dated 18th January, 2011 is recalled and appeal is restored.
5 caf.274.11
2
4 It is made clear that the appeal will be considered as preferred against the order passed in Chamber Summons No. 770 of 2010. The appeal shall be placed for admission on 4th February, 2011. Status-quo as of today shall be maintained.
[ A.S.OKA, J ]
1 issue framed by the court
Whether an appeal dismissed in the absence of the advocate is restorable.
Mr. David Joseph
Mr. M.G.Hegde
A.S.OKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court