Bombay High Court
M/S. MODERN TRADING COMPANYversusM/S. SURAJ CONSTRUCTION THR. ITS PRARTNERS AMAN C. PATEL AND OTHERS
- Decided
- Disposal
- Disposed Off
- Bench
- SHARMILA U DESHMUKH
Holding
The appeal and the interim application do not survive after the disposal of the original suit and are therefore disposed of.
Summary
The appellants, M/s. Modern Trading Company & Anr., filed an appeal against Order No.315 of 2026 and an interim application. The court noted that the original suit had been disposed of on 24 April 2026, as evidenced by the order tendered by counsel. Since the suit was already concluded, the appeal could not continue. Consequently, the court held that the appeal from the order no longer survived for consideration. The interim application was likewise deemed not to survive. Both the appeal and the interim application were therefore disposed of by the court.
Issues considered
- Whether an appeal from an order remains viable when the original suit has been disposed of
Subjects
- appeal
- order disposal
- civil procedure
- interim application
- judgment
Judgment
Digitally
signed by
SHAGUFTA
SHAGUFTA QUTBUDDIN
QUTBUDDIN PATHAN
PATHAN Date: 17-AO-315-2026.doc
2026.07.02
18:15:00
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
APPEAL FROM ORDER NO.315 OF 2026
WITH
INTERIM APPLICATION NO.2244 OF 2026
IN
APPEAL FROM ORDER NO.315 OF 2026
M/s. Modern Trading Company & Anr. …Appellants/
Applicants
Versus
M/s. Suraj Construction
Through Its Partners And Others ...Respondents
——————
Mr. P. B. Gujar for the Appellants/Applicants
None for the Respondents
——————
CORAM : SHARMILA U. DESHMUKH, J.
DATE : JULY 2, 2026
P. C. :
1. Mr. Gujar, learned counsel for the Appellants/Applicants submits
that the suit itself was disposed of on 24 th April 2026. He tenders the
copy of the order. The same is taken on record.
2. As the suit itself is disposed of, the Appeal from Order does not
survive for consideration and stands disposed of.
3. The Interim Application does not survive for consideration and is
disposed of.
[SHARMILA U. DESHMUKH, J.]
SQ Pathan 1/1
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