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Bombay High Court

MY DIVINE CO-OPERATIVE HOUSING SOCIETY LTD.,versusSHRI SARDAR SAUDAGAR SINGH BHULESINGH and ORS.

Decided
Disposal
Disposed Off

Holding

No stay can be granted when the appeal is filed against a dismissed suit.

Summary

The appellant, My Divine Co-operative Housing Society Ltd., filed a first appeal against the respondents, including Sardar Saudagar Singh Bhulesingh, arising from the dismissal of a suit. The appellant's counsel confirmed that all respondents had been served, noting that respondent 3b is the same as respondent 2 and is represented by counsel. The court examined whether a stay of the proceedings could be granted pending the appeal. It held that because the appeal stems from a dismissal of the suit, there is no basis for granting a stay. Consequently, the Civil Application No. 6881 of 1997 was dismissed and the appeal was scheduled for hearing from 28 September 2026.

Issues considered

  • What is the appropriate relief (stay of proceedings) when an appeal is filed against a dismissed suit?

Subjects

  • appeal
  • stay
  • civil application
  • dismissal of suit
  • procedural law

Judgment

                                                                          8-FA-1078-1997.docx



              rrpillai
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION
                                       FIRST APPEAL NO. 1078 OF 1997
                                                    WITH
                                     CIVIL APPLICATION NO. 6881 OF 1997

                          My Divine Co-operative Housing           …     Appellant
                          Society Limited
                               Vs.
                          Sardar Saudagar Singh Bhulesingh         …     Respondents
                          and Others

                          Ms. A.R.S. Baxi for the Appellant.

                                                 CORAM : GAURI GODSE, J.

                                                 DATE :        10th SEPTEMBER 2026

                          ORDER :

                          1.    Learned counsel for the appellant submits that all the

                          respondents are served. She points out that respondent no.

                          3b is also respondent no. 2 who is served and represented

                          through advocate.

                          2.    The first appeal is arising out of dismissal of the suit.

                          Hence, there is no question of grant of stay. The Civil

                          Application No. 6881 of 1997 is therefore dismissed.

                          3.    Office shall add the first appeal to the weekly final

                          hearing board commencing from 28th September 2026.


             Digitally
             signed by
                                                                    [GAURI GODSE, J.]
             RAJESHWARI
RAJESHWARI   RAMESH
RAMESH       PILLAI
PILLAI       Date:
             2026.09.10                                 1/1
             14:57:52
             +0530


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