IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.3736 OF 2001

DHONDE BAJIRAO BALU & ORS.                ....Appellants

                     VERSUS

NANDKUMAR SHRIRANG JADHAV & ORS.           ....Respondents

O R D E R

It is an admitted position that the present appellants were not made parties to Writ

Petition No.484/2000 although they were affected by the impugned judgment of the High

Court.  Therefore, impugned judgment of the High Court needs to be set aside merely on

the said ground.   The question of  maintainability of  the writ petition was also to  be

considered by the High Court.

In that view of the matter, keeping all question open, we set aside the impugned

judgment of the High Court and send the matter back to it for a fresh consideration and

decision after making the present appellants as parties to the writ petition.  The High

Court is requested to decide the writ petition after hearing the parties including present

appellants within a period of six months from this date, without granting any unnecessary

adjournment to either of the parties.

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

.....................J. (TARUN CHATTERJEE)      

.....................J. (V.S. SIRPURKAR)        

NEW DELHI, JANUARY 21, 2009.