Supreme Court of India · 2024-11-26
Shivaji vs Parwatibai
- Citation / case number
- 2024 INSC 917
- Court
- Supreme Court of India
- Petitioner
- Shivaji
- Respondent
- Parwatibai
- Author
- B.R. Gavai
- Bench
- B.R. Gavai
Judgment text excerpt
The Supreme Court held that the second appeal was decided without notice to the appellant, violating principles of natural justice. The Court emphasized that the High Court's practice of framing questions of law during dictation without giving the appellant an opportunity to be heard is deprecated, referencing the case of Suresh Lataruji Ramteke v. Sau. Sumanbai Pandurang Petkar. Consequently, the impugned order was set aside, and the matter was remitted to the High Court for a fresh decision, with a request for expedited resolution within one year.