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.