Rajaram Tarphe v. 1a)M.Babulal Shah And ORS

lpast1338.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION LETTER PATENT APPEAL ST.NO.1338 OF 1995 Rajaram Tarphe ...Appellant vs.

M.Babulal Shah & Ors.

...Respondents

Mr.Madhav Jamdar for the Appellant CORAM : A.S.OKA, & M.S.SONAK, JJ.

DATE : OCTOBER 29, 2018 P.C.:

The learned counsel for the appellant pointed out that this appeal is numbered as L.P.A.No.4 of 1995 which was directed against the interim order passed by the Court of Small Causes in a suit filed by the respondents. The learned Single Judge by a Judgment and Order dated 19th December 1994 declined to interfere in the Writ jurisdiction in Writ Petition filed by the appellant and expedited the hearing of the suit.

The compilation tendered by the learned counsel for the appellant today shows that the suit filed by the respondents was dismissed by the order dated 26th April 1994 and the appeal preferred by the respondents against the said Judgment and Decree was dismissed by the Judgment and Order dated 26th February 2003. In any case, as a result of the

lpast1338.doc dismissal of the suit, interim order which was operating in the suit came to an end. Hence, in any event, the present appeal will not survive and the same is treated as disposed of.

(M.S.SONAK,J.) (A.S.OKA,J.)