The High Court restored the dismissed family court appeal to allow the applicant to file a private paper book within six weeks while explicitly negating the restoration of interim relief.
The order dismissing the appeal was quashed and set aside subject to filing a private paper book within six weeks.
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.
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17-CAM-109.14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.109 OF 2014 IN
FAMILY COURT APPEAL NO. 146 OF 2008
| Dashrath L. Rahate | .. | Applicant |
|---|---|---|
| In the matter between : |
||
| Dashrath L. Rahate vs. |
.. | Petitioner |
| Vanita D. Rahate | .. | Respondents |
Mr.D.G. Dhanure for the Applicant. Mr.V.K. S. Nair for Respondent.
CORAM : A. S. OKA & M. S. SONAK, JJ. 5TH MAY 2014
P.C. :-
1] Admittedly, a sum of Rs.75,000/- has been paid by the Applicant to the Respondent and the Respondent has accepted the same without prejudice to her rights and contentions in the pending proceedings.
2] The Family Court Appeal preferred by the Applicant -Husband was dismissed for non-prosecution on the ground that private paper book was not filed by the Applicant and therefore, the conditional order was passed by this Court became operative.
3] As the Appeal has been dismissed on technical ground of failure to file a private paper book within a stipulated time, the same will have to be restored.
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17-CAM-109.14
4] Learned counsel appearing for the Respondent-Wife makes a submission that the interim relief granted in the Appeal cannot be restored. His submission is that when the interim relief was granted, the Respondent-Wife could not be represented by an advocate.
5] Hence, we pass the following order:
(a) The order of dismissal of the Appeal is quashed and set aside subject to condition of the Applicant filing private paper book within six weeks from today. If compliance is not made within the stipulated period of six weeks, the order of dismissal shall stand;
(b) We make it clear that we have not restored the interim relief granted in the Appeal. However, Civil Application No.239 of 2006 shall be fixed for hearing on 17th June 2014;
(c) We make it clear that till 17th June 2014, execution application shall not proceed.
(M. S. SONAK, J.)
(A. S. OKA, J.)
Dinesh
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2 issues framed by the court
Whether the order of dismissal of an appeal can be restored on failure to file a private paper book.
Whether interim relief granted in the appeal can be restored independently upon restoration of the appeal.
Dashrath L. Rahate
Vanita D. Rahate
A. S. Oka
M. S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
