A writ petition challenging the appointment of a Court commissioner without a prior hearing. The High Court holds that the order violated natural justice principles and quashes it.
The order appointing the Court commissioner is quashed and set aside; the application is restored to the file for a proper hearing.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3109 OF 2023
Raghunath Vithoba Koli Since deceased through Lrs 1A Shrimati Raghunath Koli & Ors.
...Petitioners.
Versus
Jaywant Ananda Koli & Anr.
..Respondents.
Mr. Nikhil N. Pawar for the petitioner. Mr. Mahindra Deshmukh for the respondent.
——————
Coram : Sharmila U. Deshmukh, J. Date : July 17, 2023.
P. C. :
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the matter before the trial Court, which fact was orally informed to the Court. However, the trial Court has decided the application by the impugned order dated 17th October 2022.
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August 2022. It is thereafter that the application was kept for hearing on one date on 29th September 2022 and thereafter on 17th October 2022 when the impugned order is passed.
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Exhibit-28 is restored to the file. On the next date of hearing, the trial Court to hear the parties and pass appropriate orders. It is made clear that no adjournment is to be granted to the hearing of application for any reason whatsoever.
8. Writ petition stands disposed of.
[Sharmila U. Deshmukh, J.]
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2 issues framed by the court
Whether the appointment order violated natural justice principles by not hearing the petitioner.
Whether the delay in the trial court was justified.
Raghunath Vithoba Koli Since deceased through Lrs Shrimati Raghunath Koli & Ors.
Jaywant Ananda Koli & Anr.
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
