Sudhakar Bhojaya Sheetty v. Chief Officer Nallasopara Municipal Council

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 384 OF 2008 IN MISC. CIVIL APPLICATION NO. 13 OF 2008 WITH CIVIL APPLICATION NO. 341 OF 2008 IN LETTERS PATENT APPEAL NO. 384 OF 2008 Sudhakar Bhojaya Shetty ...

Applicant V/s.

The Chief Officer ...

Respondent Nallasopara Municipal Council.

Mr. S. A. Tawate for the petitioner.

CORAM :

NARESH H. PATIL AND V.L. ACHLIYA, JJ.

DATED :

27th March 2015.

P.C.

1) Appellant had filed an appeal under section 24 (1)(b) of Code of Civil Procedure for transferring the case. Misc. Civil Application No. 13 of 2008 which was dismissed vide order dated 23/04/2008 by this Court (Coram: S. J. Vazifdar, J).

2) Learned counsel for the appellant submits that learned trial Judge

2/2 904.384.08 LPA.sxw who was in-charge at the relevant time has been transferred. It is submitted that appellant, being plaintiff was examined and crossexamined. Some of the answers given by the appellant were not recorded properly.

3) We do not propose to express any opinion on merits. Appellant is at liberty to seek appropriate alternate remedy permissible under the Law. 4) Letters Patent Appeal has become infructuous and dismissed accordingly. In view of the dismissal of Letters Patent Appeal, Civil Application No. 341 of 2008 does not survive and disposed of accordingly. (V. L. ACHLIYA, J.) (NARESH H. PATIL, J.) ism