Supreme Court of India (Full Bench (FB)- Three Judge)

Appeal (Civil), 298 of 2007, Judgment Date: Aug 20, 2015

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                    CIVIL APPELLATE JURISDICTION

                         CIVIL APPEAL NO.298 OF 2007


GHUDUSAB @ GOUSEMOHIDDIN A.BURDI & ORS.                     .. APPELLANT(S)

                                   VS.

GHUDUSAB IMAMSAB BURDI (D) BY LRS. & ORS.                  .. RESPONDENT(S)



                          J U D G M E N T


ANIL R. DAVE, J.



1.    Heard the learned counsel appearing for the parties.

2.    The learned counsel could not dispute the  fact  that  while  deciding
Regular Second Appeal No.390 of 1996, the High Court had not considered  the
judgment delivered by this Court in the case of Abubkar  Abdul  Inamdar  (D)
by LRs. & Ors. Vs. Harun Abdul Inamdar & Ors.  [(1995)  5  SCC  612],  which
prima facie appears to be quite relevant.

3.    In the circumstances, the appeal is remitted  to  the  High  Court  so
that  after  considering  the  afore-stated  judgment  and  other   relevant
judgments, which might be  referred  to  by  the  learned  counsel  for  the
parties, the appeal can be decided afresh.


4.    We also clarify that we have not expressed any opinion on  the  merits
of the case and the High Court will decide the matter after considering  the
submissions which might be made and judgment(s) which might be cited.

5.    The impugned judgment is set aside and the appeal is allowed  with  no
order as to costs.

6.    The parties shall appear before the  High  Court  on  14th  September,
2015, so that the appeal can be decided at an early date.


                                                            ..............J.
                                                              [ANIL R. DAVE]



                                                            ..............J.
                                                             [KURIAN JOSEPH]



                                                         .................J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
20th August, 2015.