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B. R. GAVAI, K. V. VISWANATHAN
Shivaji – Appellant
Versus
Parwatibai – Respondent
JUDGMENT
B.R. GAVAI, J.
1. Leave granted.
2. This appeal deserves to be allowed on the short ground that the second appeal, wherein the present appellant was Respondent No.2, was decided even without giving notice to the appellant herein.
3. Shri Atul Babasaheb Dakh, learned counsel further submits that even the questions of law which were framed by the learned Trial Judge were framed during the dictation of the order and the appellant herein did not have an opportunity of being heard.
4. Such a practice by the High Court is deprecated by a recent judgment rendered by this Court in the case of Suresh Lataruji Ramteke v. Sau. Sumanbai Pandurang Petkar and Others, reported in 2023 SCC OnLine SC 1210 : 2023 8 Supreme 194.
5. The impugned order is, therefore, set aside and the matter is remitted back to the High Court for deciding it afresh in accordance with law.
6. Since the appeal arises out of a suit filed in the year 2009, we request the High Court to decide the appeal expeditiously, preferably within a period of one year from today.
7. The appeal is, accordingly, allowed.
8. Pending application(s), if any, shall stand disposed of.
The court emphasized the necessity of providing notice and an opportunity to be heard, reaffirming the importance of natural justice in judicial proceedings.
Judicial decisions must be timely and reasoned to maintain the integrity of the judiciary and ensure that justice is not only done but seen to be done.
The necessity of evaluating applicable facts and legal principles when similar prior decisions affect ongoing appeals.
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