Dhonde Bajirao Balu
& Ors. Vs. Nandkumar Shrirang Jadhav & Ors. [2009] INSC 111 (21 January
2009)
Judgment
CIVIL APPELLATE
JURISDICTION CIVIL APPEAL NO.3736 OF 2001 DHONDE BAJIRAO BALU & ORS.
....Appellants VERSUS NANDKUMAR SHRIRANG JADHAV & ORS. ....Respondents
ORDER 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 judgment 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.
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