IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION

CIVIL  APPEAL  NO. 4744   OF 2008

[Arising out of SLP(C) No.1382/2007]

NANI AND ANR. ... APPELLANT(S) :VERSUS:

B. UMANANDA NAIK AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel for the parties, we are of the opinion that

as no substantial question of law, as is required in terms of sub-section (4) of Section

100 of the Code of Civil Procedure, has been framed by the High Court, the impugned

judgment cannot be sustained. It is set aside accordingly and the matter is remitted to

the High Court for consideration thereof afresh.  

All the contentions of the parties shall remain open.

The appeal is disposed of accordingly.

..........................J (S.B. SINHA)

..........................J   (CYRIAC JOSEPH)    NEW DELHI, JULY 28, 2008.