The High Court refused to entertain a writ petition challenging the rejection of an objection petition filed under Order 21 Rule 97 CPC. The court held that the petitioner should avail the remedy of appeal in the appropriate forum.
The writ petition is disposed of with liberty to the petitioner to avail the remedy of appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 wp 60.12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 60 OF 2012
Dinkar Balkrishna Kedari .. Petitioner
Versus
Sharad Dattatray Saraf and another .. Respondents
Shri V. Y. Bhide, Advocate for the Petitioner.
CORAM : S. V. GANGAPURWALA, J. DATE : 23RD JANUARY, 2012.
PER COURT :
. The petitioner impugns the order passed below Exhibit 27 i. e. an objection petition filed by the petitioner U/O 21 Rule 97 of the Code of Civil Procedure has been rejected.
2 wp 60.12
objection petition U/O 21 Rule 97.
[ S. V. GANGAPURWALA, J. ]
bsb/Jan. 12
2 issues framed by the court
Whether the High Court should entertain a writ petition challenging the rejection of an objection petition under Order 21 Rule 97 CPC without adjudication on merits.
Whether the petitioner was granted an opportunity to adduce evidence before the rejection of the objection petition.
1 provisions across 1 enactments
Dinkar Balkrishna Kedari
Sharad Dattatray Saraf
S. V. GANGAPURWALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
