Mr. Neelakanthan Bhaskaran Pillai vs Shri. Kinyath Sivdasan
2023 Latest Caselaw 12246 Bom

Bombay High Court

Mr. Neelakanthan Bhaskaran Pillai vs Shri. Kinyath Sivdasan on 5 December, 2023

Author: Amit Borkar

Bench: Amit Borkar

2023:BHC-AS:36198
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                                 VRJ
                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                       WRIT PETITION NO.13363 OF 2017

          VAIBHAV
          RAMESH
          JADHAV
          Digitally signed by
          VAIBHAV RAMESH
                                 Neelakanthan Bhaskaran Pillai                  ... Petitioner
          JADHAV
          Date: 2023.12.06
          10:17:28 +0530                    V/s.
                                 Kinyath Sivdasan & Anr.                        ... Respondents


                                 Mr. B. N. J. Pillai, petitioner appears in-person.
                                 Mr. A.B. Chate, AGP and Mr. V.S. Nimbalkar, AGP for
                                 the State.


                                                                CORAM    : AMIT BORKAR, J.

                                                                DATED    : DECEMBER 5, 2023
                                 P.C.:

1. The petitioner who appears in-person is challenging judgment and decree passed in First Appeal No.118 of 2002 dated 4th October 2010.

2. The record indicates that the petitioner had filed Second Appeal Stamp No.19187 of 2011. Since there was delay in filing second appeal, the petitioner filed Civil Application No.1401 of 2011. This Court, by order dated 2nd April 2012, dismissed the Civil Application No.1401 of 2011 for non-prosecution, with the result second appeal stood dismissed. Therefore, it is not open for the petitioner to file writ petition challenging the decree which was subject matter of second appeal which was dismissed for non- prosecution by this Court. The writ petition, therefore, cannot be entertained. However, if permissible in law, the petitioner can take

35-wp8537-2016.doc

appropriate steps for revival of second appeal.

3. The writ petition stands dismissed. No costs.

(AMIT BORKAR, J.)