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Koppula Narayana and others v. Veera P.K.H. Krishnam Raju and others

Koppula Narayana and others
v.
Veera P.K.H. Krishnam Raju and others

(Supreme Court Of India)

Civil Appeal No. 1526 Of 2000 | 22-07-2004


1. By the impugned order, the High Court has allowed the appeal without framing the substantial question of law as required under Section 100 of Code of Civil Procedure. This Court has repeatedly held that the High Court does not get the jurisdiction to interfere with the finding recorded by the courts below in second appeal without framing the substantial question of law. In this connection reference may be made to decision of this Court in Panchugopal Barua and others vs. Umesh Chandra Goswami and others (1997) 4 SCC 713).

2. Since the High Court has interfered with the judgments of the courts below without framing the substantial question of law, the same is set aside and the case is remitted back to the High Court for fresh decision after framing substantial question of law if in its opinion such question of law arises. Since the second appeal pertains to the year 1982, we would request the High Court to dispose of the second appeal as expeditiously as possible.

3. Appeal is allowed in the above terms. No costs.

Advocates List

For the Appellant G. Ramakrishan, Mr. Wasay Khan, Mr. B. Bhawani, for Mr. D. Mahesh Babu, Advocates.For the Respondents P.S. Narasimha, Mr. Ananga Bhattacharya, for Ravi Prasad for Mr. V.G. Pragasam, Advocates.

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE ASHOK BHAN

HON'BLE MR. JUSTICE S.H. KAPADIA

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