Savithramma Vs. Deputy Commnr., Mandya Distt. & Ors. [2008] INSC
854 (8 May
2008)
CIVIL APPELLATE JURISDICTION CIVIL
APPEAL NO.7894 OF 2002 SAVITHRAMMA .....APPELLANT(S) VERSUS O R D E R In our
view, the impugned judgment of the Division Bench of the High Court which was
passed under Section 4 of the Karnataka High Court Act, was not passed by a
speaking and reasoned order. In fact, the only order which was passed is as
follows :- "We have heard learned counsel for the appellant.
2. We have also gone through the
impugned order passed by the learned Single Judge. We entirely agree with the
view taken by the learned Single Judge.
3. Accordingly, the writ appeal is
dismissed."
In this view of the matter, the
impugned judgment is set aside and the matter is remitted back to the High
Court for passing a speaking and reasoned order in accordance with law. The
appeal is allowed to the extent indicated above.
The High Court is requested to
decide the appeal in accordance with law preferably within a period of three
months from the date of communication of this order.
There shall be no order as to
costs.
.............................J.
( TARUN CHATTERJEE )
.............................J.
( HARJIT SINGH BEDI ) NEW DELHI;
MAY 8, 2008.
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