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Civil Court Stay Order Issued

This document is a court order from the High Court of Judicature at Bombay regarding a writ petition challenging a lower court's judgment. It summarizes the petitioner's arguments that the lower appellate court did not need to set aside the original decree and could have instead directed the trial court to record additional evidence. The court issues a notice to the respondents, sets a return date, and grants interim relief to the petitioner pending the final hearing of the petition.

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Rajendra Ladda
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35 views3 pages

Civil Court Stay Order Issued

This document is a court order from the High Court of Judicature at Bombay regarding a writ petition challenging a lower court's judgment. It summarizes the petitioner's arguments that the lower appellate court did not need to set aside the original decree and could have instead directed the trial court to record additional evidence. The court issues a notice to the respondents, sets a return date, and grants interim relief to the petitioner pending the final hearing of the petition.

Uploaded by

Rajendra Ladda
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

Tapadia RR/B.

26 1/3 WP/5771/2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY


CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5771 OF 2016
Office Notes, Office Court's or Judge's orders.
Memoranda of
Coram,
appearances,
Court's orders or
directions and
Registrar's orders
Ms. Shruti Kandoi i/b Mr.Umesh
Mankapure, Advocate for Petitioner.

CORAM : R.G.KETKAR,J.
DATE : 16/09/2016

PC:
1. Heard Ms. Shruti Kandoi, learned

counsel for the petitioner.

2. By this Petition under Article 227 of

the Constitution of India, the petitioner

has challenged the Judgment and decree

dated 27.1.2016 passed by the learned

District Judge-5, Sangli in Regular Civil

Appeal No.197 of 2010. By that order,

the learned District Judge quashed and

set aside the Judgment and decree dated

25.6.2010 passed by the learned II Jt. Civil

Jduge Jr. Dn., Sangli in Regular Civil Suit

No.91 of 2008 and remitted the matter to

the trial Court. The learned District Judge

permitted the respondents-defendants to

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2/3 WP/5771/2016

amend written statement and re-cast

issues and permitted the parties to lead

additional evidence and decide the suit

afresh. She submitted that instead of

setting aside the decree, the appellate

court could have directed the trial Court

to record evidence and transmit the

evidence to it for deciding the appeal. In

other words, the District Court should

have exercised powers under Order 41,

Rule 25 of C.P.C. by keeping the appeal

pending and by framing issues and

referring the same to the trial and

recording additional evidence. In short,

she submitted that it was not necessary

to set aside the trial Court's decree.

3. In view of the submissions, issue

notice to the respondents, returnable on

13.10.2016. Notice to indicate that

subject to the time constraint and

convenience of the Court, Petition will be

disposed of finally at the stage of

admission. Notice shall further indicate

that despite service, if the respondents

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fail to appear, the Court will proceed to

decide the petition on its own merits.

4. In the meantime, there shall be ad-

interim order in terms of prayer clause

(c). Hamdast permitted.

5. All parties including the trial Court

shall act upon the authenticated copy of

this order.

(R.G.KETKAR, J.)

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