Ms.Anindita And Another v. Mr. Gopal Shetty

NMA. 155-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL No. 478 OF 2015 IN ELECTION PETITION No. 3 OF 2014 WITH NOTICE OF MOTION No. 155 OF 2016 Ms. Anindita & Anr.

...

Appellants Vs.

Mr. Gopal Shetty ...

Respondent *** The Appellant - Ms. Anindita Dey, in person.

Ms. Anjali Helekar a/w Amarendra Mishra, for the Respondent. *** CORAM : V. M. KANADE, & REVATI MOHITE-DERE, JJ.

DATE : JANUARY 25, 2016 PC.

1.

The grievance of the Appellants is that though a direction was given by the learned Single Judge by an order dated 29th July, 2015 directing the Assistant Prothonotary to file affidavit, stating therein why certified copies were not given to the Petitioner, certified copies, in fact, are not provided to them and no reply is given. 2.

In our view, letters patent appeal is not maintainable against this order, since firstly, no adverse order is passed against the 1 / 2

NMA. 155-16 Appellants; and secondly, said order is not a judgment. Appeal, therefore, is dismissed.

3.

In view of dismissal of appeal, Notice of Motion No. 155 of 2016 taken out therein does not survive and is accordingly disposed of.

Sd/- Sd/- [REVATI MOHITE-DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2