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2016 DIGILAW 1067 (SC)

Biru (D) Through Lrs. v. Wattni (D) Widow of Bhagtoo

2016-08-09

ANIL R.DAVE, L.NAGESWARA RAO

body2016
JUDGMENT : Anil R. Dave, J. Heard the learned counsel. 2. Leave granted. 3. Our attention has been drawn to the judgment delivered by this Court in the case of Singh Ram (Dead) Through Legal Representatives v. Sheo Ram and Others reported in (2014) 9 SCC 185 . In view of the said fact, in our opinion the matter requires to be reconsidered by the High Court. 4. We remand the matter to the High Court on all issues and the impugned judgment is set aside. After hearing the parties, the High Court shall take a decision afresh in accordance with law. 5. In view of the above, the civil appeal stands disposed of as allowed with no order as to costs. 6. The parties shall appear before the High Court on 5th September, 2016 so that the Court can fix the date for final hearing of the Second Appeal. The learned counsel for the parties appearing before the High Court shall extend their cooperation for early disposal of the matter.