Dismissed

Masku Satta Tambe and Ors. v. Manku Yesu Karande

Bombay HC22 Sept 2006WP/1578/2004

Case brief

AI extract

What is this about?

Single Judge disposed of a Writ Petition challenging concurrent findings of courts below. The Court dismissed the petition by invoking limited jurisdiction under Art. 226/227, directing trial courts to decide the suit on merits. (Note: Paragraph 4 of judgment gives conflicting details on the judgment's decision. This indexing response addresses the entire document. If the decision was the one you

What did the court decide?

The Writ Petition is dismissed.

Masku Satta Tambe and Ors. Vs Manku… — Constitutional and Fundamental Rights | Bombay HC (2006)

¶1

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

¶3

 WRIT PETITION NO.1578 OF 2004

¶4

 Masku Satta Tambe & Ors. .. Petitioners.
 Vs.

¶5

 Manku Yesu Karande & Ors. .. Respondents.

¶6

 Mr.Tanaji Mhanagale i/b Shri Anil V.Anturkar for the
 petitioners.

¶7

 Mr.Vilas B.Tapkir for the respondents.

¶8

CORAM : D.B.BHOSALE, J.

¶9

DATED : 22ND SEPTEMBER, 2006

¶10

 P.C.:

¶11

 . Heard learned counsel for the petitioners and
 the respondents.

¶12

 2. By consent of the learned counsel for the
 parties, the petition is heard for admission.

¶13

 3. The writ petition challenges the concurrent

¶14

 findings recorded by the courts below on the
 application at Exhibit-5. The application Exhibit-5
 was allowed by the trial Court vide order dated

¶15

 6.2.2002. That order was carried in appeal by the

¶16

 petitioner and the appeal also came to be dismissed on
 27.11.2003. No interim order was passed while issuing
 notice to the respondents. Keeping that in view and
 considering that there are concurrent findings

¶17

¶18

 recorded by the courts below and as I find that there
 is sufficient material on record to sustain those
 findings and considering extremely limited
 jurisdiction of this court under Article 227 of the
 Constitution of India to disturb the finding of fact
 this petition cannot be entertained and it is
 dismissed as such. The trial Court, however, shall
 decide the suit on merits in accordance with law
 without being influenced by the observations made in
 the impugned orders. The writ petition is disposed
 of.

¶19

(D.B.Bhosale, J.)

Masku Satta Tambe and Ors. v. Manku Yesu Karande

Case brief

What is this about?

What did the court decide?

Masku Satta Tambe and Ors. v. Manku Yesu Karande

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Alka Prabhakar Gawade Vs Bhimabai Narayanrao Raut (Decd.)-Sanjay N.Raut and Ors.

Jankabai Budha Chaudhari Vs Santaji Vikas Sahakari Griha Nirman Society and Ors.

Vaktawarmal Juharmal Jain Vs Bhiva Bematya Patil and Ors.

Masku Satta Tambe and Ors. Vs Manku Yesu Karande

Smt. Janabai Widow of R.J. Bhandari and Others Vs Dr. Ramesh Dattatraya Pandit and Others

Balkrishna K. Mehta Vs Ravindra Ishwardas and Ors.