Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.2508 OF 2007
SHIVANAGOWDA SHANKARGOUDA DESAI
... APPELLANT(S)
VS.
M. CHANNAVEERAPPA MODI (D) BY LRS.& ORS. ... RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE, J.
1. Heard the learned counsel for the appellant.
2. Though served, nobody appears for the respondents.
3. In view of the fact that perhaps certain incorrect
facts have been recorded in the impugned judgment and more
particularly, the Second Appeal has been decided at the
admission stage, without appearance of the appellant, we are
JUDGMENT
of the view that it would be just and appropriate if the
High Court reconsiders the entire Second Appeal and decides
it afresh.
4. In the circumstances, the impugned judgment is set
aside. The Second Appeal shall be restored to its original
number. The matter is remanded to the High Court so that
after hearing the parties, it can be decided afresh.
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5. The High Court shall notify the afore-stated Second
th
Appeal for hearing on 15 February, 2016, so that the appeal
can be decided at an early date.
6. The civil appeal is disposed of as allowed with no
order as to costs. Pending application, if any, stands
disposed of.
..............J.
[ANIL R. DAVE]
..............J.
[ADARSH KUMAR GOEL]
New Delhi;
th
6 January, 2016.
JUDGMENT
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