Ors. Vs. V.V. Patil (D) by LRS. & Ors.  INSC 1598 (19 September 2008)
JURISDICTION CIVIL APPEAL NO.5748 OF 2008 (Arising out of S.L.P. (C) No.5626 of
2005) Gowrammanni and Ors. ...Appellant(s) Versus V.V. Patil (D) by L.Rs. and
Ors. ...Respondent(s) O R D E R Leave granted.
Heard learned counsel
for the appellants.
In spite of service
of notice, the respondents have not entered appearance to contest the prayer
made in this appeal.
By the impugned order
passed in a First Appeal against the decree passed by the Trial Court, the High
Court has remanded the matter to the Trial Court with a direction to give
opportunity to the parties to adduce further evidence on the question of
identity of disputed land.
From a bare perusal
of the judgement of the Trial Court, it would appear that, on the question of
identity of disputed land, the parties have adduced evidence, a Court
Commissioner was appointed, who submitted a report, and he was examined as a
witness and duly cross-examined and thereupon the suit was disposed of.
...2/- -2- In our
view, in the facts and circumstances of the present case, the High Court was
not justified in remanding the matter to the Trial Court but should have
decided the appeal on merits after taking into consideration the evidence
adduced before the Trial Court. In view of these facts, the appeal is allowed,
impugned order is set aside and the appeal is remanded to the High Court to
dispose of the same on merits in accordance with law after giving opportunity
of hearing to the parties.
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