High Court disposed of the writ petition against the trial Court's rejection of a civil application. The Court reserved liberty for the petitioner to file a fresh application under Order 16 Rules 1 and 2 CPC.
Liberty granted to file fresh application under Order 16 Rules 1 and 2 CPC; writ petition disposed of.
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.
DATED THIS THE 2ND DAY OF SEPTEMBER, 2021
BEFORE
THE HON’BLE MR.JUSTICE S.R. KRISHNA KUMAR
WRIT PETITION NO.138784/2020 (GM-CPC)
BETWEEN
...PETITIONERS
(BY SRI SHRIKANT T.PATIL, ADVOCATE)
AND
2
HOUSING BOARD, MAPUSA, NORTH GOA 403507.
... RESPONDENTS
(BY SRI S.G.KADADAKATTI AND SRI LINGESH V.KATTEMANE, ADVOCATES FOR R2; NOTICE TO R1 AND R3 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DATED 21/01/2020 ON IA.NO.XIV IN O.S.NO.11/2017 ON THE FILE OF SENIOR CIVIL JUDGE AND PRL.JMFC KUMTA, VIDE ANNEXURE-G, IN THE ENDS OF JUSTICE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT, MADE THE FOLLOWING:
3
ORDER
This petition is directed against the impugned order dated 21.01.2020 passed on I.A.No.14 in O.S.No.11/2017 on the file of the Senior Civil Judge and Principal J.M.F.C., Kumta (for short, ‘the trial Court) whereby the said application filed by the petitioners/plaintiffs was rejected by the trial Court.
and learned counsel for the respondent No.2. Perused the material on record.
4
fresh application under Order 16 Rules 1 and 2 C.P.C. which shall be considered by the trial Court on merits after giving opportunity to the respondents and in accordance with law without being influenced by the findings and observations recorded in the impugned order.
Subject to the aforesaid directions and liberty reserved in favour of the petitioners, writ petition stands disposed off.
Sd/JUDGE
CLK
2 issues framed by the court
Whether the High Court should interfere with the trial Court's rejection of an application due to lack of affidavit details.
Whether the petitioner is entitled to liberty to file a fresh application under Order 16 Rules 1 and 2 C.P.C.
3 provisions across 2 enactments
Gurudas Venkatraman Markande and others
Pushpalatha
Housing Board, Mapusa
Anasuya
S.R. Krishna Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
