IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 2825   OF 2009 [Arising out of SLP(C) No. 5438/2007]

MARY D'SOUZA ... APPELLANT(S)

:VERSUS:

DANNIS D'SOUZA AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

Heard the learned counsel for the parties.  

This appeal arises out of the judgment and order dated 8.8.2006 passed by  

the the Karnataka High Court in R.F.A. No.144/2004.  

Mr. Bhat, learned counsel for the appellant, at the outset, pointed out that  

though the High Court was dealing with the matter in first appeal, it had set aside the  

order of the Trial Court without giving any reasons, whatsoever, and has not even  

casually discussed the evidence in arriving at its conclusions.   

-2-

We have gone through the order passed by the High Court very carefully  

and find that the assertion made by the learned counsel appears to be correct.  The  

reference  to  the  Will  and  the  other  evidence  being  extremely  sketchy  and  more  

particularly, keeping in view the fact that the judgment of the Trial Court has been  

reversed,  we set  aside  the impugned judgment dated 8.8.2006 passed by the High  

Court and remit the matter to the High Court for consideration thereof afresh.  The  

appeal is disposed of accordingly. There shall, however, be no order as to costs.  

In view of the fact that the matter is pending since long, we request the High  

Court to dispose of the matter as expeditiously as possible.  

..........................J (HARJIT SINGH BEDI)

..........................J   (Dr. MUKUNDAKAM SHARMA)    NEW DELHI, APRIL 17, 2009.