FA1057.12 v. Tarachandra Devisahay Gupta & Ors.
Case at a glance
Outcome
Withdrawn
Accordingly, the appeal stands dismissed as withdrawn
Provisions considered
Key paragraphs
- Para 33. The Trial Court has held that the suit filed by the appellant is barred in view of sub-rule (3) of Rule 92 of Order XXI of Code of Civil Procedure, 1908 and that a remedy under Bhangale 1 FA1057.12 Rule 90 Order XXI of…
- Para 88. In view of disposal of the appeal, Civil Application No.1135 of 2012 does not survive and stands disposed of. (SHRIHARI P. DAVARE, J. ) ( A. S. OKA, J. ) Bhangale 2 FA1057.12 Bhangale 3 FA1057.12 Bhangale 4
Judgment
Mr.Anilkumar Patil for the appellant. Mr.Uday P. Warunjikar i/by Mr.Vikas J. Takalkar for Resp. No.1. Mr.A.R.Patil, A.G.P. for Resp. No.3. CORAM: A.S.OKA & SHRIHARI P. DAVARE, JJ. DATED : 6TH JULY, 2012 P.C.:
Heard learned counsel for the appellant.
On instructions, the learned counsel appearing for the appellant seeks permission to withdraw this appeal with liberty to prosecute remedy under Rule 90 of Order XXI of Code of Civil Procedure, 1908.
The Trial Court has held that the suit filed by the appellant is barred in view of sub-rule (3) of Rule 92 of Order XXI of Code of Civil Procedure, 1908 and that a remedy under Bhangale 1 FA1057.12 Rule 90 Order XXI of the said Code is available to the appellant.
Hence, we accede to the request made by the learned counsel for the appellant.
Operative part
Accordingly, the appeal stands dismissed as withdrawn with liberty as prayed.
If appropriate proceeding is filed before the Executing Court, the said Court is bound to consider the fact that the suit was filed on 8th February, 2008 which remained pending in the Civil Court till 24th November, 2010 and thereafter the present appeal was filed by the appellant in this Court. However, whether the appellant is entitled to exclusion under Section 14 of the Limitation Act, 1963 is an issue which will have to be considered by the concerned Court.
The appellant is entitled to the refund of Court fees as per Rules.
In view of disposal of the appeal, Civil Application No.1135 of 2012 does not survive and stands disposed of. (SHRIHARI P. DAVARE, J. ) ( A. S. OKA, J. ) Bhangale 2 FA1057.12 Bhangale 3 FA1057.12 Bhangale 4
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the appeal stands dismissed as withdrawn
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908; Limitation Act, 1963 — s. 14.
Which court decided this case, and when?
Bombay High Court, on 06 Jul 2012. The bench was SHRIHARI P DAVARE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.