Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). 5875-5876/2010
| VER | SUS |
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K.V.ANANDA RAO & ORS. RESPONDENT(S)
J U D G M E N T
ANIL R. DAVE,J.
Heard learned counsel for the parties at length.
Upon hearing the learned counsel, it appears that two important
documents have not been properly considered by the High Court and no
specific findings have been recorded thereon, namely; 1) compromise
arrived at in O.S. No. 47/70 on 29.11.1975 and 2) a memorandum
JUDGMENT
recording oral partition dated 10.11.1985.
We are of the view that specific findings ought to have been
recorded on the aforesaid two documents so as to determine the
rights of the parties.
In view of the aforesaid circumstances, we set aside the
impugned judgment and remit the matter back to the High Court so that
after hearing the concerned parties, the matter can be decided
afresh. Needless to say that it would be open to the parties to raise
all possible contentions before the High Court.
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The parties shall appear before the High Court on 08.02.2016 so
that the matter can be fixed for hearing on that date.
The civil appeals are disposed of as allowed with no order as to
costs.
......................J.
[ANIL R. DAVE]
......................J.
[ADARSH KUMAR GOEL]
NEW DELHI;
JANUARY 07, 2016
JUDGMENT
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