MANJULABEN SHAH Vs. MADHURIBEN MEGHJI SHAH

JUDGEMENT

(1.) Heard Mr. Jahagirdar, learned Senior Counsel for the Applicants, and Mr. Naik, learned Senior Counsel for the Respondent.

(2.) Perused the impugned Judgment of the Trial Court and on perusal of the same, this Court finds much substance in the submission advanced by learned Senior Counsel for the Applicants, which is also supported by learned Senior Counsel for the Respondent, that, though the voluminous documentary evidence was produced on record by the parties and the oral evidence was also led of four witnesses, the Judgment of the Trial Court is conspicuously silent about the appreciation or marshaling of the said evidence. The entire Judgment is concluded in paragraph No.13 with the following observation, but not analyzing those documents or even the submissions advanced at bar by learned counsel for both the parties.

(3.) Needless to state that, such a judgment cannot be called a 'Judgment' at all and on this sole ground, it is liable to be quashed and set aside, necessitating remand of the matter to the Trial Court for hearing the arguments afresh and giving fresh judgment, after discussing the entire documentary and oral evidence on record and also adhering to the submissions advanced at bar by learned counsel for both the parties.