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april 2008

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.

Subray Thimmanna Hegde & Ors vs Nagaraj Thimmanna Hegde & Ors · Niyam