Allowed

Devidas Shamrao Pawar v. Nanda Devidas Pawar

Bombay HC13 Feb 2017WP/4683/2016

Case brief

AI extract

What is this about?

Single-judge high court bench quashed an order dispensing with the preparation of a paper book for property disputes. The petitioner faced inconvenience due to record unavailability. The writ petition was allowed, directing the District Judge to prepare the paper book and dispose of appeals within three months.

What did the court decide?

Impugned order dated 30.03.2016 quashed. Paper book to be prepared expeditiously; appeals to be disposed within three months of submission.

Devidas Shamrao Pawar Vs Nanda Devidas Pawar — Civil Procedure and Limitation | Bombay HC (2017)

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( 1 ) wp4683.16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 4683 OF 2016

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Devidas s/o. Shamrao Pawar..Petitioner
Age. 40 years, Occ. Pensioner,
Residing at Plot No.38, Mayur Park,
Kartik Nagar, Near Maher Hospital,
Harsul Area, Aurangabad.

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Versus

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1.Mrs. Nanda w/o. Devidas Pawar..Respondents
Age. 33 years, Occ. Well to do,
Residing at C/o. Mr. Haridas
Vishwanath Tondle, At and Post
Ganori, Taluka Phulambri,
Dist. Aurangabad.
And also at
Mrs. Nanda w/o. Raj madan Kale,
C/o. Madan Mhadu Kale,
Age. 33 years, Occ. Service,
Residing at Rajput House, Plot No.6,
Aditya Nagar,Near Dadoji Konddeo School,
Mayur Park, Harsul Area, Aurangabad.

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Mr.Hemant Surve, Advocate for the petitioner.
Mr.M.K. Deshpande, Advocate for sole respondent.

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CORAM : S.B. SHUKRE,J.
DATED :13.02.2017

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ORAL JUDGMENT :-

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1.Rule. Rule made returnable forthwith and heard
finally by consent.

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2.The issue as to whether the paper book to
facilitate hearing of P.W.D.V.A. Appeal Nos.13 and 16 of
2014 should have been prepared as required by paragraph
359 of the Civil Manual. If the parties do not find it
inconvenient to rely upon the original record of the
Court and accordingly they give consent for dispensing
with the requirement of the paper book, the First
Appellate Court can proceed to hear the appeals by
passing order of dispensing with the paper book and
considering the original record and proceedings.
However, in the instant case, the petitioner is finding
it inconvenient to refer to the original record as it
would always be under the control of the Presiding
Officer and every now and then the petitioner would be
required to obtain consent of the Presiding Officer to
pass on to him the record and proceedings and in this way
inconvenience would be caused not only to the petitioner
but also to the Court.

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3.Such being the scenario, I am of the view that
the impugned order dated 30.03.2016 has resulted in
miscarriage of justice and therefore same is required to
be quashed and set aside.

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4.The impugned order is quashed and set aside. By
allowing the writ petition, it is directed that the paper

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book shall be prepared as expeditiously as possible and
learned District Judge can pass necessary orders for
expeditious preparation of the paper book. Considering
the issue involved in this matter, it is also directed
that the appeals shall be disposed of within three months
from the date of submission of the paper book.

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5.The writ petition is allowed in above terms.
Rule made absolute accordingly. No costs.

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6.Authenticated copy of this judgment be provided
to both sides.

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snk/2017/FEB17/ wp4683.16

Devidas Shamrao Pawar v. Nanda Devidas Pawar

Case brief

What is this about?

What did the court decide?

Devidas Shamrao Pawar v. Nanda Devidas Pawar

Case brief

What is this about?

What did the court decide?

What the court decided

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