Supreme Court - Daily Orders
Jayanthi J. Shetty vs Sankri Nagappa Hegde . on 8 November, 2016
Bench: Pinaki Chandra Ghose, Ashok Bhushan
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 10767 OF 2016
(Arising out SLP (C) No. 7202 of 2012)
JAYANTHI J. SHETTY & ORS. Appellant (s)
VERSUS
SANKRI NAGAPPA HEGDE & ORS. Respondent(s)
O R D E R
1) Leave granted. 2) We have heard learned Senior Counsel/Counsel appearing for the
parties at considerable length.
3) It appears that the High Court, by the impugned order, after setting aside the judgment of the appellate Court has remanded the appeal to the appellate Court for reconsideration on merits.
4) Having regard to the facts and circumstances of this case, we, while upholding the order of the High Court of remand, are of the view that remand instead of to the appellate Court should be to the trial Court since additional evidence has also been permitted. We thus remit the matter back to the trial Court.
5) Accordingly, the appeal is disposed of remitting the matter to the trial Court.
6) Signature Not Verified The parties are directed to appear before the trial Court on Digitally signed by 24.11.2016, R.NATARAJAN Date: 2016.11.16 16:49:44 IST which would hear the matter, after affording an Reason: opportunity to them.
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7) Learned counsel appearing for the parties specifically stated before us that they will not ask for any adjournment before the trial Court. Liberty is granted to file Written Statement before the concerned Court within a period of one week from the date of receipt of this order.
8) We direct the trial Court to dispose of the matter as expeditiously as possible, preferably, within a period of three months from the date of communication of this order.
.......................... J.
(PINAKI CHANDRA GHOSE) .......................... J.
(ASHOK BHUSHAN) New Delhi;
November 08, 2016.
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ITEM NO.19 COURT NO.8 SECTION IVA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 7202/2012
(Arising out of impugned final judgment and order dated 27/06/2011 in MSA No. 98/2010 passed by the High Court Of Karnataka At Bangalore) JAYANTHI J. SHETTY & ORS. Petitioner(s) VERSUS SANKRI NAGAPPA HEGDE & ORS. Respondent(s) (with interim relief and office report) (for final disposal) Date : 08/11/2016 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE PINAKI CHANDRA GHOSE HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Mr. S. N. Bhat, AOR For Respondent(s) Mr. P. Vishwanatha Shetty, Sr. Adv.
Mr. Shailesh Madiyal, AOR Mr. Mahesh Thakur, Adv.
Ms. Shivani Srivastava, Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted.
The appeal is disposed of remitting the matter to the trial Court in terms of the signed order.
(R. NATARAJAN) (SNEH LATA SHARMA)
Court Master Court Master
(Signed order is placed on the file)