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2001 DIGILAW 167 (SC)

Mallamma v. Siddegowda

2001-01-22

S.P.BHARUCHA, Y.K.SABHARWAL

body2001
S.P.BHARUCHA, J. (1) LEAVE granted. (2) THE order under challenge was passed on a second appeal and the second appeal was allowed reversing the concurrent findings of the two courts below. The order is brief, which it should not be. If a second appeal has to be allowed, a question of law has to be framed and there has to be a detailed discussion of the pleadings, the issues, the evidence and why the concurrent findings of the courts below are to be set aside. The appropriate course, therefore, is to set aside the order under challenge and restore the second appeal (RSA No. 438 of 1990) to the file of the High Court to be disposed of afresh in the manner indicated above, expeditiously. (3) ORDER on the appeal accordingly. (4) NO order as to costs.