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2015 DIGILAW 2088 (BOM)

Manoj Ganpatlal Chamedia v. Hariom Chaganlal Jaipuriya

2015-09-04

A.P.BHANGALE

body2015
Judgment Admit. 2. Heard finally by consent of learned Counsel for the parties. 3. This appeal has challenged validity and legality of the impugned judgment and order passed in Regular Civil Appeal No.45 of 2001 decided on 14/8/2012 whereby the first appeal was dismissed. 4. Learned Counsel appearing for the appellant invited my attention to the contents of judgment in the first appeal. The only point for determination was mentioned thus; “Whether the impugned judgment and decree are legal, proper and correct?” 5. The approach of the first appellate Court is criticized on the ground that the rulings which were cited, were simply listed in the judgment without commenting upon as to why those rulings are cited, which submission was advanced in respect of which ruling and whether the rulings were acceptable to the first appellate Court or not. Further more, it appears that the first appeal arose from the judgment and order passed in Special Civil Suit No.11 of 1988. The final order, which was passed in the suit reads thus; “The plaintiff's suit for declaration, for possessing and for inquiry into the mesne profits is hereby in its entirety. Parties shall bear their own costs. Sd/A. B. Patil Dt/11.10.2000 (Civil Judge (Sr. Dn.), Yavatmal.” 6. This order without head and tail shows non application of mind by learned trial Judge. This was also overlooked by learned first appellate Judge. This is a fit case in which we have to comment upon negligence by the trial Judge. Before signing final order in the suit, casual approach was shown. He has just signed the judgment and then final order without application of judicious mind to the same. The same error was repeated by learned first appellate Judge also. He simply listed the rulings without commenting upon as to each of the ruling whether it is attracted or not in the facts and circumstances of the case. 7. In the circumstances, the parties will have to go before the trial Court again to argue their respective submissions on merits of the real controversy in the suit. Learned Civil Judge, Senior Division, Yeotmal after judicious application of mind and after hearing the parties once again upon additional evidence adduced, if any, in respect of prayers in the suit, shall decide the controversy between the parties on merits according to law. 8. Learned Civil Judge, Senior Division, Yeotmal after judicious application of mind and after hearing the parties once again upon additional evidence adduced, if any, in respect of prayers in the suit, shall decide the controversy between the parties on merits according to law. 8. For the aforesaid reasons, the judgment and order passed by the first appellate Court as well as the trial Court are set aside. The parties are directed to appear before the trial Court, i.e. Civil Judge, Senior Division, Yeotmal within one month for disposal of the case expeditiously on merits. 9. Copy of this judgment and order be sent to learned trial Judge, who had passed final order in Special Civil Suit No. 11 of 1988 and also the first appellate Judge concerned with a direction that they shall be careful not to repeat such blunders again. Such blunders do result in not only waste of precious judicial time and money for the parties and Courts but also cause harassment to the parties concerned. Second appeal allowed and disposed of accordingly.