Qureshi Arshad Hussain S/O Qureshi Irshad Hussain and Others v. Dr Mohd Younus S/O Sher Mohammad and Another
Case brief
What is this about?
Aurangabad Bench Bombay High Court civil revision application CRA 235 of 2025; Shailesh P. Brahme; Qureshi Arshad Hussain and others v. Dr Mohd Younus and another; Order 7 Rule 11 CPC rejection of plaint; application Exh.38; Regular Civil Suit No. 341 of 2019 declaration and injunction; registered sale deed 28.03.2019 registered 29.03.2019; dishonoured consideration cheque; special power of attorney 17.10.2019 defendant No.4; purchasers through attorney defendants 2 and 3; Dahiben v. Arvindbhai Kalyanji Bhanusali 2020 (7) SCC 366; Apex Court judgment not considered by Trial Court; obligation to deal with submissions of parties; perversity; quashing of impugned order; application Exh.38 to be decided afresh on merits; two-month timeline; advocates Ansari Asfia Nuzhat and Taher Ali Quadri.
What did the court decide?
Impugned order passed below Exh.38 quashed; learned Trial Court Judge directed to deal with application Exh.38 afresh on its own merits, dealing with the judgment cited by the parties, completing the exercise within two (2) months.