Balu Laxman Kurhe v. Balasaheb Madhav Dhawale
Case brief
What is this about?
This single-judge writ petition substituted the operative part of an impugned order. The High Court directed that the plaintiff's application (Exhibit-58) be considered during the final hearing of the suit and allowed parties to re-canvass their case on merits, quashing the order that absolutely rejected the application.
What did the court decide?
The impugned order is quashed and set aside. Rule made absolute with a direction to consider Application Exhibit-58 during the final hearing of the suit.
What the court decided
{1}
WP No.2321/2013
drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.2321 OF 2013
Balu Laxman Kurhe
Age-63 years, Occ-Agril
R/o Audyogik Vasahat, Kopargaon
Taluka-Kopargaon, Dist-Ahmednagar
PETITIONER
VERSUS
Balasaheb Madhav Dhawale
Age-29 years, Occ-Agril
R/o Suregaon, Taluka-Kopargaon
Dist-Ahmednagar
RESPONDENT
.......
Mr. P.B.Shirsath, Advocate for the petitioner
Mr. K.S.Bhote, Advocate for the respondent
Issues for consideration
2 issues framed by the court
Whether the High Court can substitute the operative part of the impugned order allowing an application to be considered during the final hearing.
Whether the impugned order which absolutely rejected an application without considering specific submissions could be set aside.
Parties & counsel
- petitioner
Balu Laxman Kurhe
- respondent
Balasaheb Madhav Dhawale
Coram
Sunil P.Deshmukh
Case details
As recorded by the court registry
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