High Court dismissed a civil application for restoration of a default-dismissed letters patent appeal. The court also dismissed the appeal on merits grounds as it challenged an interim order, declaring it unmaintainable.
Civil application dismissed. Letters patent appeal dismissed as 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.
904 cal 38.17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.38 OF 2017 IN LETTERS PATENT APPEAL NO. 88 OF 2009 IN FIRST APPEAL NO. 1244 OF 2005
Keshavlal Jairamdas Rajput, Adult (Since deceased) 1 (a) Smt. Champavati wd/o Keshavlal J. Rajput (since deceased) and ors. versus
Ishwarlal Jairamdas Rajput and ors.
...Respondents
Ms. Revati Rajput i/b. Rajput Vaidya and Associates, advocates for the applicant.
Mr. Amol Kharat i/b. Pillai and Co., advocates for the respondent Nos. 1 to 3.
CORAM : RANJIT MORE & SMT.SADHANA JADHAV, JJ. DATE : 7th SEPTEMBER, 2017.
P. C. :
The above application is taken out for restoration of the above letters patent appeal.
the Division Bench of this Court by an order dated 11th November, 2009, as none remained present on behalf of the applicant. However, subsequently, on applicant's motion, it was restored. Thereafter, the above letters patent appeal was placed for admission before the Division
Shubhada S Kadam 1/2
904 cal 38.17.doc
Bench of this Court on 15th June, 2017 when nobody appeared on behalf of the applicant. On the said date, the Division Bench noted that on earlier date also i.e. on 14th June, 2017 nobody appeared on behalf of the applicant and that there have been intermittent default on behalf of the applicant and, therefore, dismissed in default the above letters patent appeal.
[SMT. SADHANA JADHAV, J.] [RANJIT MORE, J.]
Shubhada S Kadam 2/2
2 issues framed by the court
Whether a civil application to restore a previously default-dismissed letters patent appeal is maintainable given subsequent default by the applicant.
Whether an appeal filed against an interim order in a first appeal is maintainable.
Keshavlal Jairamdas Rajput, Adult (Since deceased)
Ishwarlal Jairamdas Rajput
RANJIT MORE
SADHANA JADHAV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
