The High Court of Bombay dismissed an appeal filed under Article 15 of the Letters Patent. The bench held the appeal not maintainable as the impugned order was merely procedural and did not decide any substantive rights of the parties.
The appeal stands dismissed as it is not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 of 2 APP.707.2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO.707 OF 2014 IN
TESTAMENTARY SUIT NO.47 OF 1994
Satish Purshottam Palan Appellant (Org.Plaintiff)
versus
Smt.Laxmi P. Palan & others Respondents (Org.Defendants)
Mr.Girish Godbole with Ms.Sneha Bhalshankar i/by Drupad S. Patil for Appellant.
Mr.Hiralal Thakar, Sr. Advocate with Ms.Kashmira Bharucha and Vishakha Vaswani i/by V.V.Juris for Respondents.
CORAM : MOHIT S. SHAH, C.J. AND B.P.COLABAWALLA, J.
DATE : 19 December 2014
PC :
This appeal purportedly filed under Article 15 of the Letters Patent, is directed against the following order passed by the learned Trial Judge of this Court on 2 December 2014 in Testamentary Suit pending since the year 1994 arising from Testamentary Petition filed in the year 1992 :
“2. … … the Defendants desire to examine a handwriting expert. The Defendants' handwriting expert will be permitted to take photographs of Exhibits
2 of 2 APP.707.2014
25, 30, 32 and 33. For this purpose, the Defendants' Advocates will file a praecipe at least 24 hours in advance with the department and will attend the Testamentary Department's office at the time specified by the Testamentary Department for the purpose of taking these photographs.”
(CHIEF JUSTICE)
MST
2 issues framed by the court
Whether an appeal filed against a procedural order regarding the permission of photographs by a handwriting expert is maintainable.
Whether the appellant is entitled to file objections regarding the relevance of documents before the expert evidence is placed on record.
Satish Purshottam Palan
Smt. Laxmi P. Palan
Mohit S. Shah
B. P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
