Monday, June 9, 2014

Letter Patent Appeal Filed in the High Court of Bombay at Goa

On 9th June 2014 filed the Letter Patent Appeal in the High Court of Bombay at Goa Bench.In this the Judgement of Second Appeal No.24 of 2012 and the Order of Review in Civil Application Review No.11 of 2014 has been Challenged.I am doubtful regarding the maintainability of the LPA  as the Goa Government is suppose to abolish LPA in the High Court  by bringing into force the (Hearing of Writ Petitions by Division Bench and Abolition of Letter Patent Appeals) Act,2013.

So if the Government has not abolished it as on today the LPA will be registered or else it will be rejected.Have been facing strong opposition from the Respondent No.1 and 2 in the above said matter,so much that the Respondent No.1 has threatened me that he will kill me with a knife if found alone,as it was not a direct threat i could not file police complaint.

The Advocate engaged by the appellant also played mischief while the above said matters were filed.the advocate of the appellant deposed against the appellant by making false statements.

All the wrongs done by the advocates of the appellant in the above said matters have been tried to be corrected in the said LPA.

Update:
14th June 2014: Realized that Second Appeal in the high court cannot be appealed by way of Letter Patent Appeal,LPA is inter Court appeal against the decision of the single Judge only in case of matters decided under Article 226 of the constitution.as Such i will have to file SLP in the Supreme Court of India.

16th June 2014:Filed an application for withdrawal of the Stamp No STA/1479/2014 for withdrawing the LPA filed as  on 11th June 2014 objections were raised by the Judicial Section stating that LPA doesnot lie as per the Rules and as also the LPA has been abolished.

19th June 2014: had gone to the judicial section to find the status of the Application for withdrawal,was informed that the application has to be signed by the registrar only then the appellant will be able to withdraw the LPA and to take back the Certified copy of the Civil application Review 11/2014 annexed to the LPA Appeal Memo.has been called on 20th June 2014 for the same.

Civil Application Review No.11 of 2014


IN THE HIGH COURT OF BOMBAY AT GOA



CIVIL APPLICATION (REVIEW) NO. 11 OF 2014
IN
SECOND APPEAL NO. 24 OF 2012



SMT. VIJAYA GAJANAN NAIK                        Applicant

V e r s u s

SHRI SURESH BASU NAIK AND 7 ORS.         Respondents



Applicant present in person.



CORAM : F. M. REIS, J

DATE :  20th March, 2014



P.C.:-



This is an application seeking review of the judgment dated 21.06.2012 passed in Second Appeal No. 24 of 2012.



2.               I have heard the applicant in person and perused the records.  The main ground of the review is to contend that the provisions of Article 1565 of the Portuguese Civil Code dealing  with  the  succession  are  no  longer  in  force  after coming into force of the Transfer of Property Act. This aspect has been duly examined while disposing of Second Appeal No.24 of 2012 by judgment dated 21.06.2012. Those provisions are dealing with succession which has been examined while passing the judgment under review.  Hence, there is no error apparent on the face of record which calls for review of the said judgment as a review application is not an appeal in disguise.

 
3.              Hence,  the  above  review  application  being  an abuse of process of law stands accordingly rejected.

 


F. M. REIS, J