Supreme Court - Daily Orders
Ramchandra Walke vs Phulsingh Birsingh Boath (D) By Lr. on 14 November, 2014
Bench: Madan B. Lokur, R. Banumathi
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10260 OF 2014
(arising out of S.L.P. (Civil) No. 13903 of 2009)
RAMCHANDRA WALKE Appellant(s)
VERSUS
PHULSINGH BIRSINGH BOATH (D) Respondent(s)
BY LR.& ANR
O R D E R
Leave granted.
2. We have perused the judgment of the High
Court of Bombay in Prabhudas Damodar Kotecha & Anr.
Vs. Manharbala Jeram Damodar & Ors., 2007 (5)
Bom.C.R. 1, which has been affirmed by this Court in
Prabhudas Damodar Kotecha & Ors. Vs. Manharbala
Jeram Damodar & Anr., 2013 (10) SCALE 242.
3. Learned counsel for the parties agree that in
view of the above decisions, the suit being L.E.S.
(Stamp) No. 1027 of 1999 which was filed by the
appellant in the Court of Small Causes, Mumbai may
be revived. We order accordingly.
4.
Signature Not Verified In view of the above, nothing further remains
Digitally signed by
Rajesh Dham
Date: 2014.11.17
to be decided in the appeal. Appeal stands disposed
16:53:33 IST
Reason:
of accordingly. No costs.
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5. Since the above suit is quite old, the Court
of Small Causes, Mumbai may dispose of the same as
expeditiously as possible.
........................J.
(MADAN B. LOKUR)
NEW DELHI; ........................J.
NOVEMBER 14, 2014 (R. BANUMATHI)
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ITEM NO.202 COURT NO.10 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 13903/2009
(Arising out of impugned final judgment and order dated 09/02/2009
in CA No. 4547/2008 in FA No. 2256/2007 passed by the High Court
Of Bombay)
RAMCHANDRA WALKE Petitioner(s)
VERSUS
PHULSINGH BIRSINGH BOATH (D) BY LR.& ANR Respondent(s)
(with I.A. No. 1 – appln. For directions and with interim relief
and office report)
[FOR FINAL DISPOSAL]
Date : 14/11/2014 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE MADAN B. LOKUR
HON'BLE MRS. JUSTICE R. BANUMATHI
For Petitioner(s) Mr. Shekhar Naphade, Sr. Adv.
Ms. Shubhangi Tuli, Adv.
Mr. Vimal Chandra S. Dave,Adv.
For Respondent(s) Mr. Javed Ahmad, Adv.
Mr. Zeshan Khan, Adv.
Mr. Ram Swarup Sharma,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
Appeal is disposed of in terms of the signed order. Pending application, if any, stands disposed of.
(RAJESH DHAM) (JASWINDER KAUR)
COURT MASTER COURT MASTER
(signed order is placed on the file)