Vilas Mohiniraj Joshi And Anr vs Padmakar Rangnath Joshi (Since ...
2023 Latest Caselaw 12793 Bom

Bombay High Court

Vilas Mohiniraj Joshi And Anr vs Padmakar Rangnath Joshi (Since ... on 14 December, 2023

Author: Amit Borkar

Bench: Amit Borkar

2023:BHC-AS:37629
                                                                              3-cas-267-2019.doc


                    '''Nikita
                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION

                                SECOND APPEAL R(ST.)NO.22543 OF 2019
                                                 WITH
                                INTERIM APPLICATION NO.2773 OF 2021
                                                 WITH
                                  CIVIL APPLICATION NO.1497 OF 2019
                                                 WITH
                                  CIVIL APPLICATION NO.1498 OF 2019

                    Vilas Mohiniraj Joshi and Anr.              ... Appellants
                               V/s.
                    Padmakar Rangnath Joshi (since dece.
                    Thr. Legal Heirs )Ratnakar Padmakar
                    Joshi and Ors.                              ... Respondents



                    Mr. Shivaji Masal for the Appellant-Applicant in SA(st)/
                    22543/2019, IA/2773/2021, CAS/1497/2019, and
                    CAS/1498/2019.
                    Mr. Girish Agrawal for the Appellant in SA/275//2022
                    and Respondent Nos. 2 and 3 in CAS/267/2019.
                    Mr. P.D. Dalvi, for the Appellant in SA/277/2022 and
                    Respondent Nos. 1a in CAS/267/2019.
                    Mr. Aditya P. Shirke for Respondent No.1(b) and 1(c) in
                    SA(st) No.36190 of 2019.



                                                  CORAM : AMIT BORKAR, J.

DATED : DECEMBER 14, 2023 P.C.:

1. By the impugned judgments, both the Courts below dismissed plaintiff's suit.

3-cas-267-2019.doc

2. Present appeal is filed by original defendant No.4 and 5. Defendant Nos. 4 and 5 have not filed written statement nor filed counter claim. Therefore, defendant Nos. 4 and 5 have no locus to challenge the dismissal of plaintiff's suit.

3. Hence, the second appeal is dismissed. No costs.

4. In view of dismissal of second appeal, all civil applications and interim applications, if any stands disposed of as infructuous.

(AMIT BORKAR, J.)