Ashok Govind Malushte and Anr. v. Arun Manaji Kale
Case brief
What is this about?
The High Court set aside an order dismissing an appeal solely for non-removal of office objections, holding that the appellants were denied a chance to argue or apply for condonation of delay. The Court directed the appellants to remove objections within ten days to proceed with the appeal.
What did the court decide?
Impugned order set aside conditionally; appellants directed to remove office objections within ten days to enable numbering of appeal.
What the court decided
: 1 :
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1491 OF 2006
Ashok Govind Malushte and anr. .. Petitioners
(Orig.defendants)
V/s.
Arun Manaji Kale .. Respondent
(Orig.plaintiff)
Shri.Jagdish R.Chomal for the petitioners.
None for the respondents.
CORAM : S.C.DHARMADHIKARI, J.
DATE : 9TH FEBRUARY, 2007.
Issues for consideration
2 issues framed by the court
Whether this Court can invoke its jurisdiction under Article 227 to set aside an order dismissing the appeal for non-removal of office objections when no opportunity was given to argue the appeal.
Whether the impugned order can be set aside on the condition that office objections be removed within a specified time.
Parties & counsel
- petitioner
Ashok Govind Malushte and anr.
- respondent
Arun Manaji Kale
Coram
S.C. Dharadhikari
Case details
As recorded by the court registry
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