Case Note & Summary
The case involves a writ petition challenging an order of a revisional authority. The revisional authority had remanded the matter for fresh decision on an application filed by petitioner No.1 on 7th November 1984, and also set aside the sale deed executed in favor of petitioners No.2 to 6. The High Court, after hearing counsel, noted that counsel conceded that if the sale was set aside, there would be nothing further to decide. Considering this, the High Court partly modified the impugned order by setting aside the part that set aside the sale, leaving all questions open for the trial court to consider.
Headnote
A) Civil Procedure - Remand - Setting Aside Sale - The revisional authority remanded the matter for fresh decision on an application for permission to sell and also set aside the sale deed. The High Court modified the order by setting aside the part that set aside the sale, leaving all questions open for the trial court. (Para 1)
Issue of Consideration
Whether the revisional authority's order setting aside the sale deed and remanding the matter for fresh decision should be upheld or modified.
Final Decision
The impugned order is partly modified to the extent that the order setting aside the sale is set aside. All questions are left open to be considered by the trial Court.
Law Points
- Remand order
- setting aside sale
- consequence of setting aside sale
- modification of revisional order
Case Details
2005 LawText (BOM) (01) 150
WRIT PETITION NO.784 OF 1990
Mr. P.B. Shah, for the Petitioners; Mr. M.V. Sali, for Respondent
Shri Shivaji Hari Gharge, Shri Kisan Jijaba Desai, Shri Tukaram Jijaba Desai, Shri Bhagwan Jijaba Desai, Shri Narayan Jijaba Desai, Shri Ganpat Jijaba Desai
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Nature of Litigation
Writ petition challenging revisional authority's order remanding matter and setting aside sale deed.
Remedy Sought
Petitioners sought modification of the revisional order setting aside the sale deed.
Filing Reason
The revisional authority set aside the sale deed and remanded the matter for fresh decision.
Previous Decisions
The revisional authority remanded the matter for fresh decision on an application filed by petitioner No.1 on 7th November 1984 and set aside the sale deed in favor of petitioners No.2 to 6.
Issues
Whether the revisional authority's order setting aside the sale deed should be upheld.
Submissions/Arguments
Counsel for petitioners conceded that if the sale was set aside, there would be nothing further to decide.
Ratio Decidendi
When a sale is set aside and the matter is remanded, if the sale is the subject matter of the application, setting aside the sale may render the remand infructuous. Hence, the order setting aside the sale was modified.
Judgment Excerpts
Counsel fairly concedes that there will be nothing further to be decided.
Considering the above, the impugned order is partly modified to the extent that the order setting aside the sale is set aside.
Procedural History
The respondent preferred a revision before the Revisional Authority, which remanded the matter for fresh decision on an application filed by petitioner No.1 on 7th November 1984 and set aside the sale deed in favor of petitioners No.2 to 6. The petitioners then filed the present writ petition.
