Bombay High Court at Goa sets aside order going against natural principles of justice by not giving an opportunity to the petitioner to argue his side
Title: Shripad Shriram Naik v. Kusaji Chandrakant Naik
Decided on: August 3, 2023
Citation: 2023 SCC OnLine Bom 1643
CORAM: HON’BLE JUSTICE M.S. SONAK
Facts of the Case
The challenge in this petition is to the order allowing the respondent to temporarily cover the roof of the disputed structure with asbestos sheets. Applicant had made a grievance that as it has already started raining, it is causing tremendous hardship to them. Considering the incidents of heavy rains hitting the state, the Trial court permitted them to temporarily cover the roof with asbestos sheets. The Trial Court had restrained the respondent from undertaking any further construction to the suit house. Since it has been raining heavily presently in the area where the suit house is located, as such a lot of water comes inside the Suit house as a result of lack of roofing and as such great hardship is being caused to the appellant, the court allowed the appellant to cover the roofing with the Asbestos Sheet as a Temporary arrangement.
Court Analysis and Judgement:
The Court held that the earlier impugned order was given without giving any opportunity to the petitioner to give his say or to argue the matter. This was not proper. Such an order should not have been made without complying with the principles of natural justice. The Appeal Court should have given at least a short notice. The court held that though the appeal Court’s order is wrong and warrants interference, it would not be appropriate at this stage to require the respondent to remove the asbestos sheets already provided. Instead, the ends of justice would be met if the appeal Court is directed to dispose of the appeal. Also, it was held that the party will have to remove the asbestos roofing should the appeal be ultimately decided against the respondent.
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Written by- Reema Nayak
