Champavati Shyam Naik v. Smt. Umabai B. Parulekar (Since Dec.) Through Lr'S. And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 690 OF 2013 IN STAMP NUMBER (APPLN.) NO. 613 OF 2012 CHAMPAVATI SHYAM NAIK ... Applicant

Versus

SMT. UMABAI B. PARULEKAR (SINCE DEC.) THROUGH LR'S. AND ANR., ... Respondents Ms. Prema Matkar, Advocate for the Applicant. Coram:- MOHIT S. SHAH, C.J. & SMT. ANUJA PRABHUDESSAI, J.

Date:- 20th August, 2015 P.C.:

This is an application for condonation of delay in filing Letters Patent Appeal under Stamp No.613/2012. The Letters Patent Appeal is directed against the judgment and decree dated 17/11/2011 of the learned Single Judge of this Court in Second Appeal No.55/2011 under Section 100 of the Code of Civil Procedure, 1908.

2. Since the Letters Patent Appeal against the judgment and decree in Second Appeal is barred under Section 100-A of the Code of Civil Procedure, 1908 with effect from 1/07/2002, this application is misconceived. Accordingly, the Misc. Civil application No.690/2013 is dismissed with an observation that Letters Patent Appeal under Stamp No.613/2012 itself is not maintainable. Registry shall

MCA/690/2013 therefore refuse registration of the Letters Patent Appeal. SMT. ANUJA PRABHUDESSAI, J.

MOHIT S. SHAH, C.J.

NH