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january 2008

Supreme Court of India · 2008-01-10

TOWN PLANNING MUNICIPAL COUNCIL vs RAJAPPA

Citation / case number
SC 1999/18985
Court
Supreme Court of India
Petitioner
TOWN PLANNING MUNICIPAL COUNCIL
Respondent
RAJAPPA
Author
ARIJIT PASAYAT
Bench
P. SATHASIVAM DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the Karnataka High Court's judgment allowing a second appeal under Section 100 CPC was erroneous as it failed to frame a substantial question of law, contrary to the requirements of the statute. The Court emphasized that the High Court's interference with concurrent findings of fact by the Trial Court and First Appellate Court was unjustified, particularly as the High Court's judgment lacked reasoning. The matter was remitted to the High Court for fresh consideration in accordance with Section 100 CPC, and the appeal was allowed without costs.

TOWN PLANNING MUNICIPAL COUNCIL vs RAJAPPA · Niyam