Supreme Court - Daily Orders
Kasarapu Sujatha vs Veera Velli Veera Somaiah on 15 July, 2014
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ITEM NO.22 COURT NO.11 SECTION XIIA
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). 7932/2008
(Arising out of impugned final judgment and order dated 21/09/2007
in SA No. 928/2002 passed by the High Court Of A.P At Hyderabad)
KASARAPU SUJATHA & ANR Petitioner(s)
VERSUS
VEERA VELLI VEERA SOMAIAH Respondent(s)
(With prayer for interim relief and office report)
(For final disposal)
Date : 15/07/2014 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE MADAN B. LOKUR
HON’BLE MR. JUSTICE KURIAN JOSEPH
For Petitioner(s) Mr. D. Rama Krishna Reddy, Adv.
Mrs. D. Bharathi Reddy ,Adv.
For Respondent(s) Mr. Anil Kumar Tandale ,Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The Civil Appeal is allowed in terms of the Signed Order. (MEENAKSHI KOHLI) Signature Not Verified (JASWINDER KAUR) COURT MASTER Digitally signed by Meenakshi Kohli COURT MASTER Date: 2014.07.19 06:45:40 IST [Signed Order is placed on the file] Reason: 2 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6506 of 2014 (@ SLP (C) No.7932/2008) KASARAPU SUJATHA & Anr. Appellant(s) VERSUS VEERA VELLI VEERA SOMAIAH Respondent(s) O R D E R Leave granted.
This appeal is directed against judgment and order dated 21.09.2007 passed by the High Court of Andhra Pradesh (now High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh).
In the Second Appeal, the High Court did not frame any substantial question of law but nevertheless discussed the merits of the case and dismissed the appeal. The High Court did not hold that no substantial question of law arose in the Second Appeal nor did it hold that a substantial question of law did arise which had to be answered against the appellant. In view of this, and on reading of Section 100 of the CPC, the substantial questions of law, if any, ought to have been framed by the High Court in case it was dealing with the merits of the appeal. 3 Consequently, we have no option but to set aside the order of the High Court and remand the matter back for reconsideration on merits and to frame substantial questions of law, if any, that arise.
The High Court may consider expeditious hearing of the Second Appeal.
The Civil Appeal is allowed, in view of the above.
.......................J. [Madan B. Lokur] .......................J. [Kurian Joseph] NEW DELHI JULY 15, 2014