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september 2015

Supreme Court of India · 2015-09-28

CHINTAMAN NAMDEV PATIL (DEAD) vs SUKHDEV NAMDEV PATIL

Citation / case number
SC 2014/16299
Court
Supreme Court of India
Petitioner
CHINTAMAN NAMDEV PATIL (DEAD)
Respondent
SUKHDEV NAMDEV PATIL
Author
Abhay Manohar Sapre
Bench
ABHAY MANOHAR SAPRE J. CHELAMESWAR

Judgment text excerpt

The Supreme Court held that the High Court's dismissal of the appellant's suit for declaration and perpetual injunction was flawed due to lack of reasoning and failure to address substantial questions of law as required under Section 100 of the Code of Civil Procedure, 1908. The Court emphasized that the High Court must exercise its appellate jurisdiction properly, leading to the remand of the case for fresh consideration. The appeal was allowed, and the High Court's judgment was set aside.

CHINTAMAN NAMDEV PATIL (DEAD) vs SUKHDEV NAMDEV PATIL · Niyam