The High Court of Bombay disposed of Suit No.1924 of 2004 as infructuous. The plaintiff claimed no relief survived due to a prior settlement and disposal of a subsequent suit. Court fees were ordered refunded.
Suit dismissed as infructuous; Court fees to be refunded.
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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S 1924/04-6/10/15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
SUIT NO.1924 OF 2004
Madhavji Jayram Kotak and ors.
… Plaintiff
vs.
Sumermal Mishrimal Bafna & Ors.
… Defendant
Mr. Shailesh Pauria a/w Mr. Swapnil Gupte i/by M/s. Hariani & Co., Advocate for the plaintiff.
Mr. Deepan Dixit i/by Kartikeya & Associates, Advocate for defendants No.3 and 4.
Mr. N. R. Gandhi, Advocate for defendant No.31.
Coram : Smt. R. P. SondurBaldota, J. Date : 6th October, 2015.
P.C. :
Mr. Pauria, the learned advocate appearing for the plaintiff on instructions states that nothing survives in the present suit in view of the settlement arrived at between the parties in the subsequent Suit No.2757 of 2006, in which consent terms were filed and the suit was disposed off in terms of the consent terms, by the order dated 25th October, 2010. Copies of the consent terms and the order dated 25th October, 2010 in Suit No.2757 of 2006 tendered by Mr. Pauria, are taken on record. In view of the settlement the suit is disposed off as has having become infructuous. Refund of Court fees as per rule.
[Smt. R. P. SondurBaldota, J.]
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S 1924/04-6/10/15
CERTIFICATE
Certified to be true and correct copy of the original
signed Judgment / order.
R. P. SondurBaldota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
