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1969 Supreme(SC) 183

A.N.GROVER, J.C.SHAH, V.RAMASWAMI
Shankar Ramchandra Abhyankar – Appellant
Versus
Krishnaji Dattatreya Bapat – Respondent


Advocates:
K.RAJENDRA CHAUDHARY, M.C.BHANDARE, S.S.SHUKLA

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

  1. The case involves an appeal concerning the jurisdiction of the High Court to interfere with orders passed under proceedings related to the Bombay Rents, Hotel Rates Control Act, 1947, when a petition for revision under Civil Procedure Code Section 115 had already been dismissed by a Single Judge (!) .

  2. The core issue is whether the High Court can exercise its jurisdiction under Articles 226 and 227 of the Constitution to interfere with an order of the appellate Court when a revision petition against that order has been previously dismissed (!) .

  3. The appellate and revisional jurisdictions of the High Court are distinct but interconnected. An appeal is a continuation or rehearing of a suit, whereas a revision is not, and it does not inherently lead to the merger of the lower court's order into the higher court's order (!) .

  4. When a revisional petition is dismissed, the order of the subordinate court is generally considered to have merged into the order of the High Court, making it generally impermissible to challenge that order again through a writ petition under Articles 226 or 227 (!) .

  5. The exercise of jurisdiction under Articles 226 and 227 should be cautious, especially when the same order has already been subject to a revision petition, to prevent abuse of process and to respect the finality of judicial decisions (!) .

  6. The High Court emphasized that invoking its jurisdiction on the revisional side is a part of its broader appellate jurisdiction, and the principle of merger of orders applies to maintain consistency and finality (!) .

  7. The Court also noted that if an order has not merged, or if the revisional remedy has been exhausted or dismissed, then the High Court should exercise restraint and avoid entertaining parallel proceedings that challenge the same order (!) .

  8. Ultimately, the Court allowed the appeal, set aside the judgment of the High Court, and clarified that the remedy under Section 115 of the Civil Procedure Code is the appropriate and primary mode of challenging such orders, and subsequent proceedings under Articles 226 and 227 are not justified when the revisional remedy has been exhausted or dismissed (!) .

Please let me know if you need further analysis or specific guidance related to this case.


Judgment-

GROVER

( 1 ) THIS is an appeal by special leave from a judgment of the Division Bench of the Bombay High Court. The only question for decision is whether the High Court could interfere, under Arts. 226 and 227 of the Constitution with the order of the appellate Court in proceedings under the Bombay Rents, Hotel Rates Control Act, 1947, hereinafter called the "act", when a petition for revision under S. 115, Civil Procedure Code, against the same order had been previously dismissed by a Single Judge of that Court.

( 2 ) THE appellant is the owner of a house in Poona. The respondent, who was a teacher, was the tenant of a block of four rooms on the first floor of the house. In 1958 he was transferred to another town Wai where he was allotted suitable residential accommodation. His son, however, stayed on in Poona as he was studying there. The appellant filed a suit in the Court of Judge, Small Causes, under the provisions of the Act for possession of the suit premises, inter alia, on the ground that the respondent had acquired suitable accommodation elsewhere. The position taken up by the respondent was that his son was required to stay on in Poona and for that reason it coul








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