Bombay High Court
RATNAKAR KAMAL KSHIRSAGAR AND ANR.versusVIJAY PUNDLIK ZALTE AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The appeal from Order No.5 of 2021 is infructuous because the suit has already been decreed, and the interim application does not survive such disposal.
Summary
The appellants filed an appeal against Order No.5 of 2021, contending that the reliefs sought were moot because the underlying suit had already been decreed. The court examined whether the appeal required adjudication in light of the final decree. It held that since the suit was already decreed, the appeal was infructuous and therefore disposed of. Consequently, the interim application filed alongside the appeal could not survive the disposal of the appeal. The court expressly left open any other contentions the parties might have in related proceedings.
Issues considered
- Whether an appeal from an order is maintainable when the substantive suit has already been decreed
- Whether an interim application survives the disposal of an infructuous appeal
Subjects
- appeal
- infructuous
- interim application
- decree
- civil procedure
Judgment
5.AO.5.2021.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.5 OF 2021
WITH
INTERIM APPLICATION NO.2817 OF 2020
Ratnakar K.Kshirsagar and another Appellants
versus
Vijay Pundalik Zalte and others Respondents
_______
Mr.Balasaheb Deshmukh for Appellants.
Ms.Chitra Darekar i/by Mr.Girish Agrawal for Respondent nos.1 to 5.
_______
CORAM : AARTI SATHE, J.
DATE : 5th October 2026
P.C.
1. Learned counsel for the Appellants has submitted that reliefs as sought
for in the present Appeal from Order, do not require adjudication as the Suit has
already been decreed and hence the Appeal from Order is rendered infructuous. In
view thereof, the Appeal from Order stands disposed of as infructuous.
2. Interim Application does not survive an stands disposed of as such.
3. All contentions of the parties in any other proceeding relating to the
Suit are expressly kept open.
(AARTI SATHE, J.)
Digitally signed
MANISH by MANISH
SURESHRAO
SURESHRAO THATTE
THATTE Date: 2026.10.05
17:23:33 +0530
M.S.Thatte
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