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RAJESH S. PATIL
Ramrao S/o Rangnathrao Jadhav – Appellant
Versus
Laxman S/o Rangnath Jadhav – Respondent
JUDGMENT :
1. This Appeal from Order challenges the orders dated 26.06.2014 and 13.12.2019 passed below Exhs. 45 and 89 by the Civil Judge Senior Division, Gangakhed.
2. At the initial stage itself, Advocate for the respondent raised an objection to the maintainability of the Appeal from Order and submitted that the present Appeal from Order is not maintainable.
Counsel for the Applicants stated that earlier he had filed a writ petition challenging the impugned orders passed by the Lower Court and the said petition was numbered as Writ Petition No. 4262 of 2020. He further showed me the order passed in the said writ petition on 17.11.2021. He submitted that on 17.11.2021 when the order was passed, he was not able to attend the said matter as he was not present in the court premises and only his colleague had attended the matter. He states that even on the said date, advocate for the respondent had objected to the maintainability of the writ petition, however, Advocate holding for the Advocate on record was not able to convince the Court about the maintainability of the writ petition and hence writ petition was permitted to be withdrawn with liberty to file ‘Appeal from Order’.
Accordin
The main legal point established in the judgment is the application of the provisions of Order 22 Rule 4(3) of the Civil Procedure Code in determining the maintainability of the Appeal from Order.
The court ruled on the appealability of the order under challenge and allowed withdrawal of the petition, facilitating the filing of a proper appeal.
The court held that an appellate court should not make observations on merits if the appeal is deemed non-maintainable, to avoid influencing subsequent legal proceedings.
The alternative prayer for possession in a civil suit can impact the survival of the suit after the death of the sole defendant.
Order passed under Rule 13 of Order 9 of CPC rejecting application for an order to set aside a decree passed ex parte, appeal would lie under Order XLIII Rule 1 (d) of CPC.
The main legal point established in the judgment is that the provisions of Order 22 are meant to ensure continuation and culmination into an effective adjudication, not to foreclose an adjudication o....
The discretionary power of the court in deciding writ petitions under Article 226 of the Constitution and the exclusion of writ proceedings from the provisions of the Code of Civil Procedure.
The main legal point established in the judgment is that the provisions of Order 22 of CPC are procedural and should not curtail the substantial rights of the parties. The Court emphasized the applic....
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