The High Court dismissed the letters patent appeal and disposed of the accompanying notice of motion. The court held the appeal was not maintainable as the underlying order was not a judgment and caused no adverse consequence to the appellants.
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.
NMA. 155-16
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL No. 478 OF 2015 IN
ELECTION PETITION No. 3 OF 2014
WITH
NOTICE OF MOTION No. 155 OF 2016
Ms. Anindita & Anr. ... Appellants Vs. Mr. Gopal Shetty ... Respondent ***
The Appellant – Ms. Anindita Dey, in person.
Ms. Anjali Helekar a/w Amarendra Mishra, for the Respondent.
*** CORAM : V. M. KANADE, & REVATI MOHITE-DERE, JJ. DATE : JANUARY 25, 2016
PC.
was given by the learned Single Judge by an order dated 29th July, 2015 directing the Assistant Prothonotary to file affidavit, stating therein why certified copies were not given to the Petitioner, certified copies, in fact, are not provided to them and no reply is given.
against this order, since firstly, no adverse order is passed against the
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NMA. 155-16
Appellants; and secondly, said order is not a judgment. Appeal, therefore, is dismissed.
Sd/Sd/[REVATI MOHITE-DERE, J.] [V. M. KANADE, J.]
Vinayak Halemath
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1 issue framed by the court
Whether the appellant could file a letters patent appeal against the Single Judge's order directing filing of an affidavit for certified copies.
Anindita Dey
Gopal Shetty
V. M. Kanade
Revati Mohite-Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
