IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.7145 OF 2008 (Arising out of S.L.P. (C) No.28180 of 2008)

Madhav @ Mahadev      ...Appellant(s)

Versus

Sindhu Patil and Anr.     ...Respondent(s)

O  R  D  E  R

Leave granted.

Heard learned counsel for the parties.

By  the  impugned  order,  High  Court  dismissed  Regular  First  Appeal

preferred against decree without considering oral and documentary evidence adduced

on behalf  of the parties.  It is well  settled that, in appeal against decree, the First

Appellate Court is itself required to consider oral and documentary evidence adduced

by the parties and the same having not been done, the impugned order is fit to be set

aside on this ground alone.

Accordingly, the appeal is allowed, impugned order rendered by the High

Court is set aside and the matter is remitted to the High Court to dispose of first

appeal in accordance with law after giving opportunity of hearing to the parties.

......................J.       [B.N. AGRAWAL]

......................J.       [G.S. SINGHVI]

New Delhi, December 05, 2008.