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april 2008

Supreme Court of India · 2008-04-10

SUBRAY THIMMANNA HEGDE vs NAGARAJ THIMMANNA HEGDE .

Citation / case number
SC 2001/5495
Court
Supreme Court of India
Petitioner
SUBRAY THIMMANNA HEGDE
Respondent
NAGARAJ THIMMANNA HEGDE .
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 did not comply with the requirements of Section 100 CPC. The Court found that the issues raised regarding the sale of ancestral property and the applicability of Sections 35 and 85 of the Karnataka Co-operative Societies Act, 1959, were not substantial questions as defined under the CPC. Consequently, the Court set aside the High Court's order and remanded the case for fresh consideration, directing the High Court to resolve the appeal within six months.

SUBRAY THIMMANNA HEGDE vs NAGARAJ THIMMANNA HEGDE . · Niyam