Case Note & Summary
The Bombay High Court disposed of Civil Application No.325 of 2012 as infructuous after the main Family Court Appeal No.154 of 2012 was dismissed. The court noted that nothing survived in the civil application and no costs were awarded. The judgment was delivered by a division bench comprising Justices K.K. Tated and B.P. Colabawalla on 27 April 2018.
Headnote
A) Civil Procedure - Infructuous Application - Dismissal of Main Appeal - Civil Application No.325 of 2012 was filed in Family Court Appeal No.154 of 2012 - Upon dismissal of the main appeal, the civil application became infructuous and was disposed off accordingly - Held that no separate adjudication is required when the main matter is dismissed (Para 1).
Issue of Consideration
Whether the civil application survives after the dismissal of the main family court appeal
Final Decision
Civil Application No.325 of 2012 is disposed off as infructuous. No costs.
Law Points
- Civil application becomes infructuous upon dismissal of main appeal
