2024 INSC 917
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). @ SLP(C) No.12996/2022
SHIVAJI APPELLANT(S)
VERSUS
PARWATIBAI & ORS. RESPONDENT(S)
J U D G M E N T B.R. GAVAI, J.
1. Leave granted.
2. This appeal deserves to be allowed on the short ground
that the second appeal, wherein the present appellant was
Respondent No.2, was decided even without giving notice to
the appellant herein.
3. Shri Atul Babasaheb Dakh, learned counsel further
submits that even the questions of law which were framed by
the learned Trial Judge were framed during the dictation of
the order and the appellant herein did not have an
opportunity of being heard.
4. Such a practice by the High Court is deprecated by a
recent judgment rendered by this Court in the case of Suresh
Lataruji Ramteke v. Sau. Sumanbai Pandurang Petkar and
Others, reported in 2023 SCC OnLine SC 1210.
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5. The impugned order is, therefore, set aside and the
matter is remitted back to the High Court for deciding it
afresh in accordance with law.
6. Since the appeal arises out of a suit filed in the year
2009, we request the High Court to decide the appeal
expeditiously, preferably within a period of one year from
today.
7. The appeal is, accordingly, allowed.
8. Pending application(s), if any, shall stand disposed of.