Bombay High CourtCA/27/2022disposed of

Imtiyaz Kazi @ Imtiazuddin And ANR v. Sharfunissa Kazi (Dec. Thr. Lrs)

2023-10-19Hon'Ble Shri Justice M. S. Sonak2 pages

AO 23 of 2022 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO.23 OF 2022 WITH CIVIL APPLICATION NO.27 OF 2022 APPEAL FROM ORDER NO.23 OF 2022 IMTIYAZ KAZI @ IMTIAZUDDIN AND ANR ... APPELLANT

Versus

SHARFUNISSA KAZI (DEC. THR. LRS) ... RESPONDENT WITH CIVIL APPLICATION NO.27 OF 2022 IMTIYAZ KAZI @ IMTIAZUDDIN AND ANR ... APPLICANT

Versus

SHARFUNISSA KAZI (DEC. THR. LRS) ... RESPONDENT Ms Annelise Fernandes, Advocate for the Appellants. CORAM:- M. S. SONAK, J.

DATED :- 19th October, 2023 P.C.:

Heard Ms A. Fernandes for the appellants.

2. Ms A. Fernandes points out that this appeal challenged the order dated 31.08.2021 by which the First Appellate Court remanded the matter to the Trial Court to decide Regular Civil Suit No.64/2002/B.

3. Ms A. Fernandes now points out that the Trial Court on remand, has dismissed Regular Civil Suit No.64/2002/B for non-prosecution. 19th October, 2023

AO 23 of 2022 Accordingly, she submits that relief in this appeal is rendered infructuous.

4. This appeal is accordingly disposed of as infructuous. However, liberty is granted to the appellant to revive this appeal, in case the suit is restored by the Trial Court.

5. With the above liberty, this Appeal From Order is disposed of. The civil application in this Appeal From Order does not survive and is also disposed of.

M. S. SONAK, J.

NITI K HALDANKAR Date: 2023.10.20 11:03:17 +05'30'

NITI K HALDANKAR 19th October, 2023