(D) by LRS.& Ors. Vs. Vijay Kumar & Ors.  INSC 1289 (27 July
APPELLATE JURISDICTION CIVIL APPEAL NO. 4776 OF 2009 [Arising out of SLP(C)
No.2475/2007] NAGASHETTY (D) BY LRS. & ORS. .......APPELLANT(S) Versus
Leave granted. Heard the learned counsel.
This appeal is filed against the judgment dated 16/8/2006 passed
by the High Court of Karnataka in RFA No.5/2004. The said appeal was filed by
the defendants 1 to 4 in O.S. No.48/1992 on the file of the Principal Civil
Judge, Sr. Division, Bidar which was a suit for partition and separate
The trial Court, while decreeing the suit, held that the
plaintiffs 1 and 2 (respondents 1 and 2 herein) are entitled to parition and
separate possession of their 1/6th share each in the suit schedule properties
by metes and bounds. It also held that defendants 6 and 7 (respondents 4 and 5
herein) were bonafide purchasers for valuable consideration of item(3) property
in the suit A schedule and that the said property shall be allotted to the
share of the ..........2.
defendant of whom appellants 1(a) to (c) are the legal representatives. The
trial Court also ordered rendition of accounts with certain other directions.
Defendants 1 to 4 in the suit filed a first appeal before the High
Court raising several grounds relating to fact as well as law. The said appeal
which had been earlier admitted for final hearing, has been dismissed by a very
short judgment. The court has neither formulated the points nor discussed the
As the High Court has not considered and disposed of the appeal in
a manner in which regular first appeals are expected to be decided, we allow
this appeal, set aside the judgment and decree and remand the matter to the
High Court for fresh disposal in accordance with law.
.........................J. ( R.V. RAVEENDRAN )