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september 2023

Supreme Court of India · 2023-09-21

Suresh Lataruji Ramteke vs Sau. Sumanbai Pandurang Petkar

Court
Supreme Court of India
Petitioner
Suresh Lataruji Ramteke
Respondent
Sau. Sumanbai Pandurang Petkar
Author
Sanjay Karol
Bench
Abhay S. Oka, Sanjay Karol

Judgment text excerpt

The Supreme Court examined whether the High Court could have decided the appeal without providing adequate opportunity to the parties and without perusing the trial record, particularly on issues of factual findings related to the plaintiff's readiness and willingness to execute a sale deed. The Court emphasized the importance of procedural fairness and proper appraisal of trial records in appellate jurisdiction. It held that the High Court's decision in such circumstances was procedurally flawed, underscoring the need for proper opportunity and record examination before reversing findings of fact. The judgment reinforces the principles of natural justice and proper appellate procedure in civil cases.

Suresh Lataruji Ramteke vs Sau. Sumanbai Pandurang Petkar · Niyam