Dismissed
Prakash Ganpat Sawant v. Ravindra B. Satam and 2 Ors.
Bombay HCAPP/308/2012
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY.…
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app-308-12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY.
ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO.308 OF 2012
IN
JUDGE'S ORDER NO.33 OF 2012 IN CHAMBER SUMMONS NO.248 OF 2012 IN EXECUTION APPLICATION (L) NO.128 OF 2012 IN
S.L.P.C.C. NO.24739 OF 2011 IN PAUPER PETITION NO.4 OF 1996 IN
SUIT NO.3993 OF 1997
Prakash Ganpat Sawant ..Appellant Versus
Ravindra Babaji Satam & ors. ....Respondents.
None present.
CORAM: MOHIT S. SHAH, C.J. & N.M. JAMDAR, JJ. DATE : 16 July 2012.
P.C.
None appears when the matter is called out. Even otherwise the learned Single Judge has noted that the suit filed by the appellant being Suit No.3993 of 1997 came to be dismissed by judgment dated 18 June 1999. Hence the question of executing any decree passed in the said suit cannot arise. By the Chamber Summons No.248 of 2012 the appellant-plaintiff sought for direction against defendant Nos.1 and 2 to pay to the plaintiff a sum of Rs.5 lakhs and
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also monthly amount of Rs.10,000/- by way of compensation and also sought directions against the defendant Nos. 1 and 2 to hand over possession of the suit premises to the plaintiff. The learned Single Judge has observed that since there is no decree in favour of the appellant which is to be executed, the Chamber Summons in the Execution Application will not be maintainable. The learned Single Judge has, therefore, dismissed the Judge's Order taken out by the appellant as party in person seeking leave under Section 2 of the Maharashtra Vexatious Litigation (Prevention) Act, 19071 to continue the above Chamber Summons No.248 of 2012 and the Judge's Order No.33 of 2012.
CHIEF JUSTICE
(N.M. JAMDAR, J.)
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Prakash Ganpat Sawant
Ravindra Babaji Satam
MOHIT S. SHAH
N.M. JAMDAR
As recorded by the court registry
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