The High Court of Judicature at Bombay Bench Aurangabad quashed an order of the Civil Judge passed without hearing defendants and remanded the matter.
Order dated 11th March, 2014, quashed; civil suit to be heard afresh after service of notices.
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) W.P. No. 2790 /2014
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.2790 OF 2014
Mukund Sawalarampant Ruikar ..PETITIONER VERSUS Chandrakant Dattatray Ruikar and ors. ..RESPONDENTS
Mr Arvind Deshmukh, Advocate for petitioner; Mr A.B. Kadethankar, Advocate for respondent no.1
CORAM : N.W. SAMBRE, J.
DATE : 12th January, 2015
ORAL ORDER
This Court, by an order dated 2nd December, 2014, has called report from the 3rd Jt. Civil Judge Junior Division, Georai, who has passed the impugned order, subjecting defendants no.3 and 4 to the medical examination.
(2) W.P. No. 2790 /2014
Writ Petition stands disposed of in above terms with no order as to
costs.
(N.W. SAMBRE, J.)
amj
1 issue framed by the court
Whether the order passed without hearing the defendants is sustainable.
Mukund Sawalarampant Ruikar
Chandrakant Dattatray Ruikar
N.W. Sambre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
