Appeal and pending civil application disposed of as infructuous due to dismissal of underlying suit for default. Liberty granted to apply for revival of appeal should suit be restored.
Appeal from Order and pending Civil Application disposed of as infructuous. Liberty granted to revive appeal if suit is restored.
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.
2023:BHC-AS:26013
47-AO-148-2016.doc
rrpillai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO. 148 OF 2016 WITH CIVIL APPLICATION NO. 203 OF 2016 IN APPEAL FROM ORDER NO. 148 OF 2016
Shri Chandan Ram Sumaya
.....Appellant
Vs.
Ram Udharam Sumaya and Others
.....Respondents
Mr. Rugved R. Kinkar i/b. Mr. Drupad S. Patil, Advocate for the Appellant. None for the Respondents.
CORAM : GAURI GODSE, J. DATE : 4th SEPTEMBER, 2023
P.C.
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47-AO-148-2016.doc
[GAURI GODSE, J.]
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3 issues framed by the court
Whether the appeal from order becomes infructuous upon the dismissal of the suit for default.
Whether liberty to revive the appeal needs to be granted in the event the suit is restored.
Whether the pending civil application should also be disposed of as infructuous.
Chandan Ram Sumaya
Ram Udharam Sumaya and Others
Gauri Godse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court