Jayram Ganpat Bakal And Another v. Ganesh Kaduba Davane
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD SECOND APPEAL NO. 707 OF 2022 Jayram S/o Ganpat Bakal & another Appellants
Versus
Ganesh S/o Kaduba Davane Respondent Mr. R. R. Imale, Advocate for the appellants. CORAM : R. M. JOSHI, J.
DATE : 31st MARCH, 2023.
PER COURT :
1.
Heard.
2.
Admit.
3.
Following substantial question of law is framed :- Whether the First Appellate Court has committed error in not applying the law laid down by the Honourable Apex Court in the case of State of Punjab and another vs. Jalour Singh and others, 2008 AIR (SC) 1209, correctly while reversing the order passed by the Trial Court dated 16th December, 2019 in Regular Civil Suit No. 16/2019 ?
( R. M. JOSHI) Judge dyb
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 14492 OF 2022 IN SECOND APPEAL NO. 707 OF 2022 Jayram S/o Ganpat Bakal & another Applicants
Versus
Ganesh S/o Kaduba Davane Respondent Mr. R. R. Imale, Advocate for the applicants CORAM : R. M. JOSHI, J.
DATE : 31st MARCH, 2023.
PER COURT :
1.
Learned counsel for the applicants submits that pursuant to the order of the First Appellate Court the proceeding of Regular Civil Suit No. 16/2019 is relegated back to the Trial Court and the Trial Court has issued notice to the parties. According to him, if the Trial Court is allowed to proceed with the suit, prejudice will cause to the applicants and the present appeal would become infructuous.
2.
Considering the judgment of the Honourable Apex Court in the case of State of Punjab and another vs. Jalour Singh and others, 2008 AIR (SC) 1209, wherein it is clearly held that there can be challenge to the award of Lok Adalat only by fling writ petition
- 3 - under Article 226 and/or 227 of the Constitution of India, the order passed by the First Appellate Court, on the face of it, is not sustainable. Considering this aspect of the case, the application stands allowed in terms of prayer clause 'B'. ( R. M. JOSHI) Judge dyb