Writ petitioner challenged a civil order where the trial judge disposed of an aside notice simplicitor instead of on merits. The High Court directed the judge to decide the notice on merits within four weeks and disposed of the writ accordingly.
Notice of Motion No.3988 of 2017 to be decided on merits within four weeks.
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.
JAYARAJAN Digitally signed byJAYARAJAN ANJAKULATHNAIR ANJAKULATH NAIRDate: 2021.12.1414:26:29 +0530
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1662 OF 2021
Bansidhar Annaji Bhakad .. Petitioner Vs. Ismail Yusuf College & Ors. .. Respondents
Mr. R.V. Govilkar i/b Mr. Jayraj for the petitioner.
Mr. V.S. Gokhale, ‘B’ Panel counsel for the State.
CORAM : SMT. BHARATI DANGRE, J. DATED : 13TH DECEMBER, 2021.
P.C:-
AJN
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the order dated 28/10/2020 was noticed by me. When this court directs the City Civil Court at Mumbai to dispose of the notice of motion, necessarily, it intended that the notice of motion be decided on its merits and not simplicitor disposal. With an expectation that this must be only the operative order, when the record and proceedings are perused by me, unfortunately, the order dated 28/10/2020 appear to be the only order which learned Judge has passed on Notice of Motion No.3988 of 2017.
AJN
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since then, shall be decided on its on merits by learned Judge within a period of four weeks from today. The record and proceedings, which are received by this court shall be transmitted forthwith to the learned Judge so that he shall take up the notice of motion for hearing immediately.
[SMT. BHARATI DANGRE, J.]
AJN
3 issues framed by the court
Whether the learned Judge was directed to decide an aside notice in a suit on its merits and not merely simplicitor.
Whether the High Court will remand the matter back to the Civil Court for disposal on merits.
Whether the writ petition is to be disposed of after issuing directions to the Civil Court.
Bansidhar Annaji Bhakad
Ismail Yusuf College & Ors.
Bharati Dangre
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
