K. MADAN MOHAN RAO versus BHEEMRAO BASWANTHRAO PATIL & ORS.

K. MADAN MOHAN RAO versus BHEEMRAO BASWANTHRAO PATIL & ORS.

Because the High Court had orally pronounced its order on 15.06.2022 but did not furnish a reasoned judgment to the parties even after more than three months, the Supreme Court held that the impugned order must be set aside and the matter restored for reconsideration; a party cannot be expected to wait indefinitely for reasons, and the statutory appeal under Section 116A was not an adequate remedy where the High Court's determinations of law and fact were not available to the parties.

Parties
Appellant: K. Madan Mohan Rao; Respondent: Bheemrao Baswanthrao Patil & Ors.
Jurisdiction
India
Judgment Date
26 September 2022
Procedural Posture
Civil Appeal / Appeal to the Supreme Court; Final Hearing and Judgment
Outcome
Appeal allowed
Legal Topics
Order VII Rule 11 CPC, Reasoned Judgment/pronouncement of Judgment, Appeal Under Section 116 a RPA 1951, Delay in Delivery of Reasons
Civil Procedure Code, 1908 Representation of the People Act, 1951 Election Law Order VII Rule 11 CPC Reasoned Judgment/pronouncement of Judgment Appeal Under Section 116 a RPA 1951 Delay in Delivery of Reasons

Case Brief

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Parties

K. Madan Mohan Rao

Appellant

Bheemrao Baswanthrao Patil & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal to the Supreme Court; Final Hearing and Judgment

Legal Issues

  1. 1 Whether a High Court order pronouncing result without providing a reasoned judgment for an extended period can be sustained
  2. 2 Whether the appellant should be relegated to the statutory remedy of appeal under Section 116A when reasons for the High Court order are not available
  3. 3 Whether lack of reasoned order warrants setting aside and restoration for fresh consideration

Ratio Decidendi

Because the High Court had orally pronounced its order on 15.06.2022 but did not furnish a reasoned judgment to the parties even after more than three months, the Supreme Court held that the impugned order must be set aside and the matter restored for reconsideration; a party cannot be expected to wait indefinitely for reasons, and the statutory appeal under Section 116A was not an adequate remedy where the High Court's determinations of law and fact were not available to the parties.

Court Disposition

Appeal allowed

Orders

  • Applications for exemption from filing the impugned order and petition without the impugned order allowed
  • Impugned order dated 15.06.2022 set aside for want of reasons