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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