Supreme Court of India · 2008-04-10
Subray Thimmanna Hegde & Ors vs Nagaraj Thimmanna Hegde & Ors
- Citation / case number
- AIRONLINE 2008 SC 53
- Court
- Supreme Court of India
- Petitioner
- Subray Thimmanna Hegde & Ors
- Respondent
- Nagaraj Thimmanna Hegde & Ors
- Bench
- H.K. Sema, Markandey Katju
Judgment text excerpt
The Supreme Court held that the High Court's framing of substantial questions of law in the Second Appeal was improper under Section 100 CPC, particularly regarding the issues of property subject to mortgage and the status of ancestral property. The Court emphasized that the questions posed did not meet the criteria for substantial questions of law as required by the Code. Consequently, the Supreme Court set aside the High Court's order and remanded the case for fresh consideration, instructing the High Court to resolve the appeal within six months.