Ramakrishna vs. Madduru Papaiah(D) By Lrs

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6019 OF 2014 (@ Special Leave Petition (C) No. 11994/2012)

RAMAKRISHNA & ANR. APPELLANTS

VERSUS

MADDURU PAPAIAH (D) BY LRS.& ORS. RESPONDENTS

O R D E R

Leave granted.

A singular contention that has been raised by the learned counsel for the appellant is that the High Court decided the second appeal without framing a subst antial question of law. Learned counsel for the respondent would submit that the High Court has posed a substantial question of law by noting a submission of the counsel for the appe llants therein. On a perusal of the judgment, we find that the High Court has really not appreciated the purpose of framing a substantial question of law and to answer the same. It is obligatory on the part of the Court, as mandated under Section 100 of the Code of Civil Procedure, 1908 to frame a Signature Not Verified Digitally signed by substantial question of law and then address the lis. That Naveen Kumar Date: 2014.07.12 13:01:01 IST Reason: has not been done. In view of the aforesaid, we allow the appeal, set 2 aside the impugned judgment and decree and remit the matter to the High Court to frame an appropriate substantial question of law and proceed to decide the appeal on its own

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merits. There shall be no order as to costs.

.........................J. (DIPAK MISRA) .........................J. (V. GOPALA GOWDA) NEW DELHI JULY 04, 2014 3 ITEM NO.46 COURT NO.9 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). 11994/2012 (Arising out of impugned final judgment and order dated 29/11/2011 in SA 450/2005 passed by the High Court Of A.p At Hyderabad) RAMAKRISHNA & ANR. Petitioner(s) VERSUS MADDURU PAPAIAH(D) BY LRS. Respondent(s) (With prayer for interim relief and office report) Date : 04/07/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE V GOPALA GOWDA For Petitioner(s) Mr. V. Sridhar Reddy, Adv. Mr. V. N. Raghupathy, Adv. For Respondent(s) Mr. D. Bharat Kumar, Adv. Mr. Sayooj Mohandas M., Adv. Mr. Abhijit Sengupta ,Adv. UPON hearing the counsel the Court made the following O R D E R Leave granted. Appeal is allowed in terms of the signed order. (NAVEEN KUMAR) (RENUKA SADANA) COURT MASTER COURT MASTER (Signed order is placed on the file)