MOHDINSA NABISA GURIKAR (D) BY LRS Vs. IMAMSA CHANDAS GURIKAR (D) BY LRS & ORS.

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

Appeal (Civil), 67 of 2016, Judgment Date: Jan 04, 2016

                                                              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)


MOHDINSA NABISA GURIKAR (D) BY LRS.                         ... APPELLANT(S)

                                 VS.

IMAMSA CHANDAS GURIKAR (D) BY LRS. & ORS.                  ... RESPONDENT(S)


                               J U D G M E N T

Adarsh Kumar Goel, J.

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  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.


5.    Parties are directed to appear before the High Court on 1st  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;
4th January, 2016.