Supreme Court of India · 2009-07-21
Narendra S. Chavan & Ors vs Vaishali V. Bhadekar
- Citation / case number
- AIR 2009 SC (SUPP) 2230
- Court
- Supreme Court of India
- Petitioner
- Narendra S. Chavan & Ors
- Respondent
- Vaishali V. Bhadekar
- Bench
- V.S. Sirpurkar, Markandey Katju
Judgment text excerpt
The Supreme Court held that the Division Bench of the High Court of Bombay acted without jurisdiction in allowing a Letters Patent Appeal against the dismissal of a writ petition for non-prosecution. The Court emphasized that after the dismissal of the restoration application, no Letters Patent Appeal could be filed, and even if it were maintainable, the Division Bench should not have decided the matter on merits but should have remitted it to the Single Judge. The appeal was allowed, and the impugned judgment was set aside without costs.