Shivaji vs Parwatibai

Court: Supreme Court
Case type: Civil Appeal
Decided on: 26-11-2024

<pre> NON-REPORTABLE
2024 INSC 917
 IN THE SUPREME COURT OF INDIA
 CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). @ SLP(C) No.12996/2022
SHIVAJI APPELLANT(S)
 VERSUS
PARWATIBAI & ORS. RESPONDENT(S)
J U D G M E N T
B.R. GAVAI, J.
1. Leave granted.
2. This appeal deserves to be allowed on the short ground
that the second appeal, wherein the present appellant was
Respondent No.2, was decided even without giving notice to
the appellant herein.
3. Shri Atul Babasaheb Dakh, learned counsel further
submits that even the questions of law which were framed by
the learned Trial Judge were framed during the dictation of
the order and the appellant herein did not have an
opportunity of being heard.
4. Such a practice by the High Court is deprecated by a
recent judgment rendered by this Court in the case of Suresh
Signature Not Verified
Lataruji Ramteke v. Sau. Sumanbai Pandurang Petkar and
Digitally signed by
NARENDRA PRASAD
Date: 2024.11.30
16:05:51 IST
Reason:
Others, reported in 2023 SCC OnLine SC 1210.
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5. The impugned order is, therefore, set aside and the
matter is remitted back to the High Court for deciding it
afresh in accordance with law.
6. Since the appeal arises out of a suit filed in the year
2009, we request the High Court to decide the appeal
expeditiously, preferably within a period of one year from
today.
7. The appeal is, accordingly, allowed.
8. Pending application(s), if any, shall stand disposed of.
..............................J
( B.R. GAVAI )
..............................J
( K.V. VISWANATHAN ) 
NEW DELHI; 
NOVEMBER 26, 2024
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ITEM NO.9 COURT NO.2 SECTION IX
 S U P R E M E C O U R T O F I N D I A
 RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 12996/2022
[Arising out of impugned final judgment and order dated 07-04-2022
in SA No. 515/2021 passed by the High Court of Judicature at Bombay
at Aurangabad]
SHIVAJI Petitioner(s)
 VERSUS
PARWATIBAI & ORS. Respondent(s)
(IA No. 103195/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED 
JUDGMENT, IA No. 103197/2022 - EXEMPTION FROM FILING O.T.)
 
Date : 26-11-2024 This matter was called on for hearing today.
CORAM : 
 HON'BLE MR. JUSTICE B.R. GAVAI
 HON'BLE MR. JUSTICE K.V. VISWANATHAN
For Petitioner(s) Mr. Atul Babasaheb Dakh, AOR
 Mr. Diganta Gogoi, Adv.
 Mr. Bitu Kumar Singh, Adv.
 Mr. Praveen Kumar Pandey, Adv.
 
For Respondent(s) Mr. Sudhanshu Chaudhari, Sr. Adv.
 Mr. T. R. B. Sivakumar, AOR
 Mr. Shreyas Gacche, Adv.
 UPON hearing the counsel the Court made the following
 O R D E R
1. Leave granted.
2. The appeal is allowed, in terms of the signed judgment.
(NARENDRA PRASAD) (ANU BHALLA)
 DEPUTY REGISTRAR COURT MASTER 
(Signed “Non-Reportable” judgment is placed on the file)
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