Allowed

Smt. Shevantabai Gundappa Kamble and Ors. v. Shri. Rangrao Shripati Aabdar and Ors.

Bombay HC20 Apr 2018WP/3506/2016

Case brief

AI extract

What is this about?

The High Court set aside an impugned order of the Civil Court which rejected an application to add parties without recording any reasons. The High Court directed the lower court to reconsider the application after affording opportunity of hearing to all parties and to record reasons for the disposal.

What did the court decide?

Impugned order dated 28th December 2015 setting aside; direction to lower court to reconsider application after hearing and record reasons.

Smt. Shevantabai Gundappa Kamble and Ors. Vs… — Civil Procedure and Limitation | Bombay HC (2018)

Priya Soparkar

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.3506 OF 2016

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Smt.Shevantabai Gundappa Kamble and ors. ... Petitioners Vs.

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Shri.Rangrao Shripati Aabdar and ors. … Respondents

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None for the Petitioners. Mr.Amit Borkar for the Respondents.

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CORAM : M.S.SONAK, J.

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DATE : APRIL 20, 2018. P.C. :

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By order dated 6^th October 2016, it was made clear that this

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petition will be disposed of finally at the stage of admission.

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Accordingly, Rule. Rule is made returnable forthwith.

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The challenge in this petition is to the order dated 28^th December 2015, by which the learned Civil Judge Junior Division

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at Radhanagri has rejected the petitioners' application at Ex.28

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seeking amendment/addition of parties. The impugned order dated 28^th December 2015, reads as follows:-

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“Heard Ld.Adovcate for Plaintiff.

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No grounds mentioned to add party as prayed.

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Priya Soparkar 2 903 wp 3506-16-c

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Hence application Exhibit 28 stand rejected.”

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From the aforesaid, it is clear that the impugned order contains no reasons whatsoever. This is, certainly, not a manner to deal with and dispose of application made by parties. On this short ground, and without going to the merits of the matter, the impugned order dated 28^th December 2015, is set aside.

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The learned Civil Judge is directed to reconsider the application at Ex.28 after afford of opportunity of hearing to all the parties and thereafter, dispose of the application at Ex.28 in accordance with law and on its own merits, but this time, by indicating the reasons for disposal.

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It is clarified that this Court has not adverted to the merits of the matter and therefore, all the contentions of all parties are kept open for adjudication before learned Civil Judge Junior Division at Radhanagri.

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The Rule is made absolute to the aforesaid extent. There

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shall be no order as to costs.

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All concerned to act on the basis of authenticated copy of this order.

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(M.S.SONAK, J.)

Smt. Shevantabai Gundappa Kamble and Ors. v. Shri. Rangrao Shripati Aabdar and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Shevantabai Gundappa Kamble and Ors. v. Shri. Rangrao Shripati Aabdar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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