The High Court recalled an order dismissing a Family Court appeal for non-prosecution. It restored the appeal to file for decision on merits, awarded costs, and disposed of the current civil application.
Order dated 12.04.2018 in the appeal recalled; appeal restored for fresh disposal; costs of Rs. 2000 awarded.
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.
10.cam.197.2018.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 197 OF 2018
IN
FAMILY COURT APPEAL NO. 82 OF 2017
Kirtish Theathare ...Applicant/Appellant
vs
Leena Kirtish Theathare ...Respondent.
Mr S.S.Karmarkar for the Applicant-Appellant.
Mr Ganesh Savani with Ms S. Deb for the Respondent.
Digitally signed by Dhanappa Dhanappa Irappa Koshti Irappa Date: Koshti 2018.08.01 11:07:36 +0530
CORAM : K.K.TATED, & B.P.COLABAWALLA, JJ. JULY 30, 2018.
P.C. :
Heard learned counsel for parties.
2 By this application, the applicant is seeking recalling of the order dated 12th April, 2018 and restore Family Court Appeal No. 82 of 2017 which stand dismissed for nonprosecution.
3 Considering the submissions made by the learned counsel for the applicant and the reasons disclosed in the Civil Application, we are satisfied that the applicant has made out a case to allow the Civil Application subject to payment of costs of Rs.2000/-. Hence, the order.
Pg 1 of 2
10.cam.197.2018.doc
(B.P.COLABAWALLA, J.) ( K.K.TATED, J.)
Pg 2 of 2
1 issue framed by the court
Whether the order dismissing the original appeal for non-prosecution should be recalled and the appeal restored to be decided on merits.
Kirtish Theathare
Leena Kirtish Theathare
K.K.TATED
B.P.COLABAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
