Bhartesh C. JaIn and ors. Vs. Shoaib Ullah and anr. - Court Judgment

SooperKanoon Citationsooperkanoon.com/676419
SubjectCivil
CourtSupreme Court of India
Decided OnJan-30-2008
Case NumberCivil Appeal No. 838 of 2008 (Arising out of S.L.P. (C) No. 15397/2006)
Judge H.S. Bedi and; Aftab Alam, JJ.
Reported in2008(2)AWC1431(SC); (2008)3SCC180; 2008AIRSCW1973; (2008)1SCC(Cri)693
ActsCONSTITUTION OF INDIA Article 133
AppellantBhartesh C. JaIn and ors.
RespondentShoaib Ullah and anr.
Appellant Advocate Gaurav Jain and; Abha Jain, Advs
Respondent Advocate Vibha Datta Makhija, Adv.
Prior historyFrom the final Judgment and Order dated 4/8/2006 of the High Court of Judicature at Allahabad in AC No. 32/2001
Excerpt:
civil - remission - parties submitted that in the light of the fact that the order of the chief justice of the high court does not meet the issues raised before him, the matter may be remitted to the chief justice for fresh decision - held, matter remitted to the chief justice with a request that the matter be heard and decided expeditiously - impugned order set aside - appeal disposed of - constitution of india article 133; [h.s. bedi & aftab alam, jj] appeal impugned order not meeting the issues raised before high court matter remitted for fresh decision. order1. heard learned counsel for the parties.leave granted.2. learned counsel for he parties agree that in the light of the fact that the order of the hon'ble chief justice of the allahabad high court dated 4th august, 2006 does not meet the issues raised before him, the matter may be remitted to the chief justice for fresh decision. we accordingly set aside the order dated 4th august, 2006 and remit the matter to the hon'ble chief justice with a request that the matter be heard and decided expeditiously.the civil appeal is disposed of accordingly with no order as to costs.
Judgment:
ORDER

1. Heard learned Counsel for the parties.

Leave granted.

2. Learned counsel for he parties agree that in the light of the fact that the order of the Hon'ble Chief Justice of the Allahabad High Court dated 4th August, 2006 does not meet the issues raised before him, the matter may be remitted to the Chief Justice for fresh decision. We accordingly set aside the order dated 4th August, 2006 and remit the matter to the Hon'ble Chief Justice with a request that the matter be heard and decided expeditiously.

The Civil Appeal is disposed of accordingly with no order as to costs.