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april 2013

Supreme Court of India · 2013-04-22

Shakuntalabai Derkar & Anr vs Maroti Dewaji Wadaskar & Ors

Citation / case number
AIRONLINE 2013 SC 62
Court
Supreme Court of India
Petitioner
Shakuntalabai Derkar & Anr
Respondent
Maroti Dewaji Wadaskar & Ors
Author
Pinaki Chandra Ghose
Bench
Pinaki Chandra Ghose

Judgment text excerpt

The Supreme Court found that the High Court's judgment in First Appeal No. 339 of 2009 was unsustainable as it failed to consider the submissions made by the appellants and lacked reasoning for its conclusions. The Court held that due process was not followed, necessitating a remand for a decision on merits with an opportunity for all parties to be heard. Consequently, the appeal was allowed, and the High Court's judgment was set aside.

Shakuntalabai Derkar & Anr vs Maroti Dewaji Wadaskar & Ors · Niyam