Full Judgment Text
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.67 OF 2016
(arising out of S.L.P.(Civil) No.2562 of 2005)
| MSA CHANDAS GURIK | |
| Ad | arsh Kumar Goel, |
J U D G M E N T
1. Leave granted.
2. Heard the learned counsel.
3. It is pointed out that inspite of framing two
questions in paragraph 11 of the judgment, no clear
finding has been recorded on the question whether the
land was re-granted in favour of the defendants for the
JUDGMENT
benefit of the families of both appellants and defendants
or only for defendants and whether there was earlier
partition in the presence of village elders.
4. Accordingly, without expressing any view on merits,
we set aside the impugned order and remand the matter to
the High Court for a fresh decision in accordance with
law.
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5. Parties are directed to appear before the High
st
Court on 1 February, 2016.
6. In view of the above observation, the appeal is
disposed of as allowed. There shall be no order as to
costs.
..............J.
[ANIL R. DAVE]
..................J.
[ADARSH KUMAR GOEL]
New Delhi;
th
4 January, 2016.
JUDGMENT
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