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2004 DIGILAW 956 (SC)

MAYAPPA DEAD BY LRS v. JAYAMMA

2004-08-10

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( 1 ) THE High Court of Karnataka while admitting Regular Second Appeal No. 1093 of 1995 framed five questions of law for its consideration. The High Court while hearing the appeal, neither noticed nor adverted to the abovementioned questions of law. The High Court has proceeded to decide the appeal as if it was hearing the first appeal. The High Court was required to advert to the question of law framed at the time of admission of the appeal. Since the same was not done, the order under appeal is set aside and the case is remitted back to the High Court for fresh decision on the aforesaid questions of law. The High Court would be at liberty to reframe or substitute any of the questions of law already framed. Since the present appeal arises from a suit which was instituted in the year 1977, we would request the High Court to dispose of the appeal as expeditiously as possible and preferably within six months of the receipt of a copy of this order and records. ( 2 ) THE records of the High Court have been received here. The Registry is directed to send back the records to the High Court forthwith. The appeal is disposed of in the abovementioned terms.