The High Court of Bombay dismissed the appeal since the underlying suit number 1754 of 2006 was already dismissed, rendering the matter devoid of substance for reconsideration.
Appeal dismissed; Notice of Motion disposed of.
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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10-APP-239-15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL NO. 239 OF 2015
IN CHAMBER SUMMONS (L) NO. 1237 OF 2014 IN
SUIT NO. 1754 OF 2006 WITH NOTICE OF MOTION NO. 888 OF 2015 IN
APPEAL NO. 239 OF 2015
M/s. Maooli Land Developers & Ors.
.. Appellants
versus
Kashibai Waman Patil (since deceased) through her L.Rs Shri Atmaram W. Patil (since deceased) through his LRs (i) Smt. Anubai A. Patil (Since deceased) (ii) Shri Janardan A. Patil & Ors.
.. Respondents
Mr. S. S. Kanetkar for Appellants.
Mr. Anoshak Daver with Mr. Rushabh Mahesh Sheth i/b. M/s. M. S. Bodhanwalla & Co. for Respondent Nos. 2 and 6.
CORAM: DR. MANJULA CHELLUR, C. J. AND M. S. SONAK, J. DATE : 01 SEPTEMBER 2016
P.C.:
1] Since the appeal is filed rejecting the impleadment of a party and since the very suit 1754 of 2006 is dismissed, nothing remains for us to consider in the matter.
3] In view of dismissal of the appeal, notice of motion does not survive and is disposed of accordingly.
(M. S. SONAK, J.) CHIEF JUSTICE
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1 issue framed by the court
Whether the appeal could be maintained after the dismissal of the original suit.
M/s. Maooli Land Developers & Ors.
Kashibai Waman Patil
Smt. Anubai A. Patil
Shri Janardan A. Patil
DR. MANJULA CHELLUR
M. S. SONAK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
