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Ashok Rangnath Magar v. Shrikant Govindrao Sangvikar

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8909 of 2015)Decided 27 Oct 2015
Civil Appeal No. 8909 of 2015
Justice M.Y. Eqbal · Justice C. Nagappan

Background

This order sends the case back; it does not decide the dispute. The case arose from a suit for a permanent injunction against alienation of property. The Bombay High Court, in second appeals, reversed the trial court and the first appellate court.

Decision Breakdown

This is not a final decision on the dispute. The Court found that the High Court had reversed the lower courts without framing any substantial question of law under Section 100 CPC, which was an error. It set aside the High Court's judgment and sent the second appeals back, so that the High Court first frames the substantial question of law and then decides the appeals afresh, and it expressed no opinion on the merits. It asked the High Court to hear the appeals within about four months, limited the interim order to four months, asked the Maharashtra Legal Services Authority to provide legal aid to the elderly respondents, and directed the appellant to pay Rs. 25,000 towards their legal expenses within two weeks.

Lesson Learnt

There is no final ruling yet on the property dispute. A High Court cannot decide a second appeal without first framing a substantial question of law.

Official source (sci.gov.in)View Judgment (PDF)

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