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.