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april 2013

Supreme Court of India · 2013-04-22

SHAKUNTALABAI DERKAR vs MAROTI DEWAJI WADASKAR .

Citation / case number
SC 2009/30120
Court
Supreme Court of India
Petitioner
SHAKUNTALABAI DERKAR
Respondent
MAROTI DEWAJI WADASKAR .
Author
PINAKI CHANDRA GHOSE SURINDER SINGH NIJJAR
Bench
PINAKI CHANDRA GHOSE SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court allowed the appeal, setting aside the High Court's judgment which erroneously treated the case as a Second Appeal instead of a First Appeal, as evidenced by the grounds of appeal. The Court noted that the High Court failed to consider the submissions made by the appellants and did not provide reasons for its conclusions. Consequently, the matter was remanded to the High Court for a decision on merits, ensuring all parties receive a fair hearing.

SHAKUNTALABAI DERKAR vs MAROTI DEWAJI WADASKAR . · Niyam