Bombay High Court Dismisses Civil Application as Infructuous After Dismissal of Main Family Court Appeal — No Surviving Cause of Action. Civil Application becomes infructuous upon dismissal of the main appeal, requiring no separate adjudication.

High Court: Bombay High Court Bench: BOMBAY
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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).

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Issue of Consideration

Whether the civil application survives after the dismissal of the main family court appeal

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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
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Case Details

2018 LawText (BOM) (04) 55

Civil Application No.325 of 2012 in Family Court Appeal No.154 of 2012 in Petition No.A739 of 2009

2018-04-27

K.K. Tated, B.P. Colabawalla

Mr Rakesh Agrawal for Appellant, Mr Mohan Pillai i/b Mrs Madhavi M. Pillai for Respondent

Mr Samit Subhash Agarwal

Ms Kamlesh Lataprasad Gupta

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Nature of Litigation

Civil application in a family court appeal

Previous Decisions

Family Court Appeal No.154 of 2012 was dismissed

Issues

Whether the civil application survives after dismissal of the main appeal

Ratio Decidendi

A civil application becomes infructuous when the main appeal in which it was filed is dismissed, and no separate order is required.

Judgment Excerpts

In view of dismissal of Family Court Appeal No.154 of 2012, nothing survives in Civil Application No.325 of 2012 and the same has become infructuous.

Procedural History

Family Court Appeal No.154 of 2012 was dismissed. Thereafter, Civil Application No.325 of 2012 was disposed off as infructuous.

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