DHONDE BAJIRAO BALU & ORS. v. NANDKUMAR SHRIRANG JADHAV & ORS.

Supreme Court of India · 21 Jan 2009
Tarun Chatterjee; V. S. Sirpurkar
CIVIL APPEAL NO.3736 OF 2001
civil appeal_allowed Significant

AI Summary

The Supreme Court set aside a High Court judgment for non-joinder of necessary parties and remanded the matter for fresh consideration after including the affected appellants.

Full Text
Translation output
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3736 OF 2001
DHONDE BAJIRAO BALU & ORS. ....Appellants
VERSUS
NANDKUMAR SHRIRANG JADHAV & ORS. ....Respondents
It is an admitted position that the present appellants were not made parties to Writ
Petition No.484/2000 although they were affected by the impugned
ORDER
of the High
Court. Therefore, impugned judgment of the High Court needs to be set aside merely on the said ground. The question of maintainability of the writ petition was also to be considered by the High Court.
In that view of the matter, keeping all question open, we set aside the impugned judgment of the High Court and send the matter back to it for a fresh consideration and decision after making the present appellants as parties to the writ petition. The High
Court is requested to decide the writ petition after hearing the parties including present appellants within a period of six months from this date, without granting any unnecessary adjournment to either of the parties.
The Civil Appeal is accordingly disposed of with no order as to costs. .....................J.
(TARUN CHATTERJEE) .....................J.
(V.S. SIRPURKAR)
NEW DELHI, JANUARY 21, 2009.