Nnalini Ramkrishana Thakur vs Shobha Devidas Mokal
2002 Latest Caselaw 77 Bom

Citation : 2002 Latest Caselaw 77 Bom
Judgement Date : 22 January, 2002

Bombay High Court

Nnalini Ramkrishana Thakur vs Shobha Devidas Mokal on 22 January, 2002

Equivalent citations: 2002 (3) BomCR 540

Author: J Chitre

Bench: J Chitre

JUDGMENT

J.G. Chitre, J.

1. After hearing the vehement arguments submitted on behalf of the rival litigants and after referring to the material on record, this Court comes to the conclusion that there has been failure of justice on subtle point and that is revolving around the service of notice to the parties. The notice should have been sent by registered post acknowledgement due which has not been done in this matter and which has not been properly considered by M.R.T. in the judgment which has been assailed by this petition. In addition to that it is pertinent to note that the notice was sent on 12th instant of March 1986 when the proceeding was fixed on 15th March, 1986. In all probability the said notice would not have been served. Failure on the part of the M.R.T. to take appropriate cognizance of the subtle fact also resulted in failure of justice.

2. The minors have not been impleaded as parties. It is their right to be heard. That aspect has also to be considered.

3. When dealing with this important aspect of the matter M.R.T. went on expressing itself with multiple pages of the judgment unnecessarily and without any purpose and therefore, this Court passes an order for the purpose of ensuring interest of justice. This petition stands allowed. A writ of certiorari stands granted in favour of the petitioner by quashing the judgments and orders passed by M.R.T. in the matter of TEN/A. 197/1997, dated 12-8-1988 and Assistant Collector, Panvel, Additional Tahsildar and A.L.T. Pen and the matter stands remanded back to Additional Tahsildar and A.L.T. Pen for fresh enquiry and appropriate adjudication over the issues in controversy. The litigants are permitted to raise legal points permissible by law, minors who should have got the interest in the land being progeny of Shri Ramchandra Thakur, be impleaded as necessary parties in the said proceeding. Keeping in view the relations between the parties and their long travelling in the litigation no order as to costs.