Three proceedings (a civil revision application and two first appeals) challenging the same order, pending since 2007-2009 and repeatedly adjourned for settlement, were dismissed for want of prosecution as no party appeared despite prior warnings.
Liberty to apply granted to parties; all three matters dismissed for default.
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.
240.CRA.365.2009+.doc
HARSHADA H. SAWANT (P.A.)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO.365 OF 2009
Sky Anchorage CHS Ltd. Versus
.. Applicant
Shabbir N. Patel .. Respondent
WITH FIRST APPEAL NO.1000 OF 2007 WITH
CIVIL APPLICATION NO.1736 OF 2007 IN
FIRST APPEAL NO.1000 OF 2007 WITH FIRST APPEAL NO.1041 OF 2009
CORAM : MILIND N. JADHAV, J. DATE : JANUARY 25, 2024
P.C.:
1. None appears for the parties.
2. On 18.01.2024, none appeared for the parties. Therefore
considering the previous order passed by this Court and subsequent
development, this Court passed the following order:-
2. On 22.11.2016, this Court passed the following order:-
“1. Heard Mr Mishra for the Applicant. The matter was heard on 30th April 2015. In the order dated 30th April 2015, it was noted that the Respondent has instituted First Appeal No.1041 of 2009 challenging the impugned order and the same was admitted on 28th August 2009. It was also noted that another First Appeal No.1000 of 2007 impugning the very judgment is also filed in this Court. The matter was therefore adjourned to 6th July 2015 to enable the parties to obtain appropriate orders. However, it
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240.CRA.365.2009+.doc
does not appear that the parties have taken any steps for clubbing the above Civil Revision application with two First Appeals. The matter was therefore adjourned on 18th November 2016. Mr Mishra states that the matter
is referred to mediation and parties are at settlement stage. 2. In view thereof, stand over to 29th November 2016. To be listed under the caption 'For Dismissal' at the bottom of admission board or at 3.00 p.m., whichever is earlier”
3. Today all the three proceedings are listed for final hearing and called out. Once again none appears for the parties.
4. In view of the above, matters namely Civil Revision Application No.365 of 2009, First Appeal No.1000 of 2007 and First Appeal No.1041 of 2009 all stand dismissed for want of prosecution
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240.CRA.365.2009+.doc
and default.
5. Liberty to apply to the parties.
6. Civil Revision Application No.365 of 2009, First Appeal
No.1000 of 2007 and First Appeal No.1041 of 2009 are disposed.
H. H. SAWANT
[ MILIND N. JADHAV, J. ]
Digitally signed by HARSHADAHANUMANT HARSHADAHANUMANTSAWANT SAWANT Date: 2024.01.25 18:52:56 +0530
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Sky Anchorage CHS Ltd.
Shabbir N. Patel
Milind N. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
