ARUN BABULAL PARASHAR v. AHMEDABAD MUNICIPAL CORPORATION

Supreme Court of India · 01 Aug 2016
Kurian Joseph; Rohinton Fali Nariman
CIVIL APPEAL NO. 7191-92 OF 2016
civil appeal_allowed Significant

AI Summary

The Supreme Court held that appeals against Single Judge judgments are maintainable before the Division Bench and remitted the matter for expeditious disposal.

Full Text
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Page 1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 7191-92 OF 2016
[@ SPECIAL LEAVE PETITION (C) NOs. 22285-22286 OF 2014]
ARUN BABULAL PARASHAR Appellant(s)
VERSUS
AHMEDABAD MUNICIPAL CORPORATION Respondent(s)
JUDGMENT
KURIAN, J.

1. Leave granted.

2. The appellant is before this Court, aggrieved by the stand taken by the Division Bench of the High Court that an appeal against the Judgment of the learned Single Judge was not maintainable before the Division Bench.

3. That issue is no more Res Integra and is covered in favour of the appellant in "Jogendra Sinhji Vijay Singhji Vs. State of Gujarat & Ors." reported in

4. Therefore, the impugned Judgment of the Division Bench in LPA No. 298 of 2014 is set aside. The matter is remitted to the Division Bench of the High Court. The appeal shall stand restored and the High Page 2 Court is requested to dispose of the same expeditiously on merits.

5. In view of the above, these appeals are disposed of. No costs ........................ J. [ KURIAN JOSEPH ] ....................... J. [ ROHINTON FALI NARIMAN ] New Delhi; August 01, 2016.