Chhaya Deepak Urkude v. Ajay Sukhadas Sukhadeve
Case brief
What is this about?
Chhaya Deepak Urkude v. Ajay Sukhadas Sukhadeve; Second Appeal No.224 of 2021; High Court of Judicature at Bombay, Nagpur Bench; Rohit W. Joshi, J.; decided 08/10/2025; ex-parte decree; advocate non-appearance on three occasions; failure to remand by First Appellate Court; substantial question of law; Regular Civil Suit No.1326 of 2015; Regular Civil Appeal No.242 of 2018; order dated 22.09.2021; decree dated 21.02.2018; remand for trial afresh; conditional deposit Rs.75,000/-; principal Rs.1,60,000/-; Rs.25,000/- remitted to trial Court; consent order; no costs.
What did the court decide?
Second appeal allowed; order dated 22.09.2021 (Adhoc District Judge-2, Nagpur, Regular Civil Appeal No.242 of 2018) and decree dated 21.02.2018 (4th Joint Civil Judge, Junior Division, Nagpur, Regular Civil Suit No.1326 of 2015) quashed and set aside; matter remitted to the learned trial Court for decision afresh; parties to appear before the trial Court on 10.11.2025; trial Court to endeavour to decide the suit before 30.09.2026; no separate summons/notice for appearance to be issued; remand conditional on the defendant/appellant depositing Rs.75,000/- with the Trial Court on or before 10.11.2025, failing which the decree becomes operative and executable without further reference to the Court; Rs.25,000/- deposited by the appellant with this Court to be remitted to the Trial Court; Rule made absolute in the above terms; no order as to costs.