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march 2009

Supreme Court of India · 2009-03-31

Fakkirappa Basappa Bhairappanavar & ... vs H.F. Bhairappanavar (D) By Lrs. & Anr

Court
Supreme Court of India
Petitioner
Fakkirappa Basappa Bhairappanavar & ...
Respondent
H.F. Bhairappanavar (D) By Lrs. & Anr
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the High Court, while acting as the first appellate court, failed to consider all oral and documentary evidence in a partition suit, which is a requirement for proper adjudication. The Court emphasized that the High Court must independently assess all evidence before reaching a conclusion. Consequently, the Supreme Court set aside the High Court's order and remitted the matter for fresh disposal in accordance with law.

Fakkirappa Basappa Bhairappanavar & ... vs H.F. Bhairappanavar (D) By Lrs. & Anr · Niyam