Disposed¶5

Shri Ramakant Balaram Nagaonkar and Anr. v. State of Maharsahtra Thr Ministry of Revenue and Ors.

Bombay HC27 Feb 2025WP/8359/2024

Case brief

AI extract

What is this about?

Bombay High Court; Writ Petition No. 8359 of 2024; Gauri Godse, J.; decided 17 June 2025; Article 227 of the Constitution of India; challenge to order dated 13 June 2023 permitting plaintiff to comply with directions to correct suit valuation as per ready reckoner and description of suit property; cost of Rs. 15,000/- to defendant; non-compliance not a ground to set aside order; liberty to defendant to file appropriate application before Trial Court; Ramakant Balaram Nagaonkar v. State of Maharashtra; writ petition disposed.

What did the court decide?

Writ petition disposed of with liberty to the defendant to file an appropriate application in the Trial Court as permissible in law. ¶5

Shri Ramakant Balaram Nagaonkar and Anr. vs State of… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with liberty to the defendant to file an appropriate application in the Trial Court as permissible in law.

¶5

Issue for consideration

Whether the order dated 13th June 2023, permitting the plaintiff to comply with the directions in the order dated 18th April 2022 (correction of the suit valuation as per the ready reckoner and of the description of the suit property, on payment of Rs. 15,000/- cost to the defendant), ought to be set aside in exercise of powers under Article 227 of the Constitution of India, in view of the alleged non-compliance by the plaintiff.

¶1

Court's answer

Non-compliance by the plaintiff of the directions in the order dated 13th June 2023 cannot be a ground to set aside that order; if the plaintiff has not complied with the directions, it is always open to the defendant to file an appropriate application before the Trial Court.

¶3

Ratio / Principle

This is not a fit case to exercise the powers under Article 227 of the Constitution of India; the defendant would be at liberty to file an appropriate application in the Trial Court as permissible in law.

¶4

Detailed headnote1 paragraphs

Bombay High Court (Gauri Godse, J.), Writ Petition No. 8359 of 2024, decided 17 June 2025: The defendant challenged, under Article 227 of the Constitution of India, the order dated 13th June 2023 permitting the plaintiff to comply with the directions in the order dated 18th April 2022 passed below Exhibit 31, namely correction of the suit valuation as per the ready reckoner and correction of the description of the suit property, on payment of cost of Rs. 15,000/- to the defendant. Contending that the plaintiff had still not complied with the directions, the petitioner sought setting aside of the order. Held: non-compliance of the directions in the order dated 13th June 2023 cannot be a ground to set aside the order; if the plaintiff has not complied, it is always open to the defendant to file an appropriate application before the Trial Court. This was not a fit case to exercise the powers under Article 227 of the Constitution of India. The Writ Petition was disposed of with liberty to the defendant to file an appropriate application in the Trial Court as permissible in law.

Shri Ramakant Balaram Nagaonkar and Anr. v. State of Maharsahtra Thr Ministry of Revenue and Ors.

Case brief

What is this about?

What did the court decide?

Shri Ramakant Balaram Nagaonkar and Anr. v. State of Maharsahtra Thr Ministry of Revenue and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Pramod Vasudev Chaphekar Deceased vs Bhaskar Narayan Devasthali

Balu Dattu Khutale and Ors. vs Dagadu Ganpati Khutale and Anr.

Bramhadev Laxman Tale and Ors. vs Prataprao Anandrao Patil (Since Deceased) through Legal Heirs

Okay Estate Developer Private Limited vs Gulam Abbas Asanali Rassiwala

Radhabai W/O Ganpati Katavate (Deceased) vs Kamruddin Shabuddin Mulla

Radhabai W/O Ganpati Katavate (Deceased) vs Kamruddin Shabuddin Mulla