The High Court held that the present Civil Application became infructuous as the impugned order was already recalled and the Second Appeal restored to file by a previous order in an earlier application.
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.
902-CA-131-2022.doc
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.131 OF 2022 IN
SECOND APPEAL NO.419 OF 2012
Digitally signed by ARJUN ARJUN VITTHAL VITTHAL KUDHEKAR KUDHEKAR Date: 2022.11.24 18:31:22 +0530
Trambak Sukaram Gangurde …Applicant
V/s.
Janu Devaba Pawar & Ors. …Respondents
Mr. Amey Deshpande i/b J. D. Khairnar, for the Applicant.
CORAM : MADHAV J. JAMDAR, J. DATE : 23rd NOVEMBER, 2022
P.C.:
1. By order dated 23rd August, 2022 passed in Civil
Application No. 91 of 2022, the Application was allowed in terms of prayer clause (a) & (b).
2. The said prayer clauses read as under :
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902-CA-131-2022.doc
dated 30-10-2018, thereby restoring the above referred Civil Application and further be pleased to grant 8 weeks time to remove office objections, if any, as directed.
3. Thus, in fact, order dated 30th October, 2018 is recalled.
4. By the present Civil Application, the Applicant is seeking same reliefs.
5. The prayer clauses for the present Civil Application read as under:
6. Therefore, present Civil Application has become
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902-CA-131-2022.doc
infructuous as the Second Appeal is already restored to file.
(MADHAV J. JAMDAR, J.)
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1 issue framed by the court
Whether the present Civil Application remains maintainable after the Second Appeal was restored to file.
2 provisions across 2 enactments
Trambak Sukaram Gangurde
Janu Devaba Pawar & Ors.
MADHAV J. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
