SHIVANAGOWDA SHANKARGOUDA DESAI Vs. M. CHANNAVEERAPPA MODI (D) BY LRS.& ORS.

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

Appeal (Civil), 2508 of 2007, Judgment Date: Jan 06, 2016

                                                              NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                    CIVIL APPELLATE JURISDICTION

                        CIVIL APPEAL NO.2508 OF 2007


SHIVANAGOWDA SHANKARGOUDA DESAI                             ... APPELLANT(S)

                                 VS.

M. CHANNAVEERAPPA MODI (D) BY LRS.& ORS.                   ... RESPONDENT(S)



                     J U D G M E N T



ANIL R. DAVE, J.


1.    Heard the learned counsel for the appellant.
2.    Though served, nobody appears for the respondents.
3.    In view of the fact that perhaps certain  incorrect  facts  have  been
recorded in the impugned judgment and more particularly, the  Second  Appeal
has  been  decided  at  the  admission  stage,  without  appearance  of  the
appellant, we are of the view that it would be just and appropriate  if  the
High Court reconsiders the entire Second Appeal and decides it afresh.
4.    In the circumstances, the impugned judgment is set aside.  The  Second
Appeal shall be restored to its original number.  The matter is remanded  to
the High Court so that after hearing the parties, it can be decided afresh.

5.    The High  Court  shall  notify  the  afore-stated  Second  Appeal  for
hearing on 15th February, 2016, so that the appeal  can  be  decided  at  an
early date.
6.    The civil appeal is disposed of as allowed with no order as to  costs.
 Pending application, if any, stands disposed of.

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



                                                            ..............J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
6th January, 2016.