IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 4776 OF 2009 [Arising out of SLP(C) No.2475/2007]

NAGASHETTY (D) BY LRS. & ORS. .......APPELLANT(S)  

Versus

VIJAY KUMAR & ORS. .....RESPONDENT(S)

O R D E R

Leave granted.  Heard the learned counsel.   

2. This appeal is filed against the judgment dated 16/8/2006 passed by the  

High Court of  Karnataka in RFA No.5/2004.  The said appeal  was filed by the  

defendants 1 to 4 in O.S. No.48/1992 on the file of the Principal Civil Judge, Sr.  

Division, Bidar which was a suit for partition and separate possession.   

3. The trial Court, while decreeing the suit, held that the plaintiffs 1 and 2  

(respondents  1 and 2 herein)  are entitled to parition and separate possession of  

their 1/6th share each in the suit schedule properties by metes and bounds.  It also  

held  that  defendants  6  and  7  (respondents  4  and  5  herein)  were  bonafide  

purchasers for valuable consideration of item(3) property in the suit  A schedule  

and that the said property shall be allotted to the share of the  

..........2.

- 2 -

first defendant of whom appellants 1(a) to (c) are the legal representatives.  The  

trial Court also ordered rendition of accounts with certain other directions.   

4. Defendants 1 to 4 in the suit filed a first appeal before the High Court  

raising several grounds relating to fact as well as law. The said appeal which had  

been  earlier  admitted  for  final  hearing,  has  been  dismissed  by  a  very  short  

judgment.  The court has neither formulated the points nor discussed the evidence.   

5. As the High Court has not considered and disposed of the appeal in a  

manner in which regular first appeals are expected to be decided, we allow this  

appeal, set aside the judgment and decree and remand the matter to the High Court  

for fresh disposal in accordance with law.

  .........................J.    ( R.V. RAVEENDRAN )

New Delhi;    .........................J. July 27, 2009.                   ( B.SUDERSHAN REDDY )