The High Court restored the appeal to the file upon counsel's undertaking to file the paper-book and allowed the application to bring the deceased appellant's legal representatives on record.
The appeal was restored to the file; the application to bring legal representatives on record was allowed.
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.
7-IA-792-2022.odt
Digitally signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date: 2022.02.26 10:29:10 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.792 OF 2022
IN FIRST APPEAL NO.1563 OF 2010 WITH INTERIM APPLICATION NO.793 OF 2022
Laluramji Umaramji Prajapati & Anr. ...Applicants
IN THE MATTER BETWEEN:
Laluramji U. Prajapati & Anr. ...Appellants Vs Municipal Corporation of Gr. Mumbai ... Respondents
Mr. Prashant Kamble i/by A.S.Rao for the Applicants/Appellants. Mr. Santosh Parad for MCGM/Respondent.
CORAM : SANDEEP K. SHINDE J. DATE : FEBRUARY 25, 2022.
P.C. :
The learned counsel for the appellants undertakes to file
paper-book in First Appeal No.1563 of 2010 within three weeks from
today. In view of the Undertaking, the appeal is restored to the file. Application is made absolute in terms of prayer clauses (a) and (b).
2 It is made clear that if the paper-book is not filed, appeal
shall stand dismissed without further reference to this Court.
Shivgan 1/2
7-IA-792-2022.odt
Interim Application No.793 of 2022
3 Pending Appeal, appellant no.1-Laluramji Umaramji Prajapati passed away on 15 th August, 2020. This application seeks to
bring on record legal representatives of the deceased appellant on record. Application is allowed and made absolute in terms of prayer clause (a). Consequential amendments to be carried out within two weeks from today.
(SANDEEP K. SHINDE, J.)
Shivgan 2/2
2 issues framed by the court
Whether the appeal should be restored to the file pending filing of paper-book.
Whether legal representatives of a deceased appellant should be brought on record.
Laluramji U. Prajapati & Anr.
Laluramji Umaramji Prajapati
Municipal Corporation of Gr. Mumbai
Sandeep K. Shinde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
