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january 2008

Supreme Court of India · 2008-01-10

Town Planning Municipal Council vs Rajappa & Anr

Citation / case number
2008 AIR SCW 1251
Court
Supreme Court of India
Petitioner
Town Planning Municipal Council
Respondent
Rajappa & Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, P. Sathasivam

Judgment text excerpt

The Supreme Court held that the Karnataka High Court's allowance of a second appeal under Section 100 CPC was improper as it failed to frame a substantial question of law, violating the mandate of Section 100. The Court emphasized that the High Court's judgment lacked reasoning and interfered with concurrent findings of fact from the Trial Court and First Appellate Court. Consequently, the matter was remitted to the High Court for fresh consideration in accordance with Section 100 CPC, and the appeal was allowed.

Town Planning Municipal Council vs Rajappa & Anr · Niyam