K.V.MURALIDHAR Vs. K.V.ANANDA RAO & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 5875-5876 of 2010, Judgment Date: Jan 07, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                        CIVIL APPELLATE JURISDICTION


                     CIVIL APPEAL  NO(S). 5875-5876/2010

K.V.MURALIDHAR                                                  APPELLANT(S)

                                VERSUS

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  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.
      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