SHIVANAGOWDA SHANKARGOUDA DESAI vs M. CHANNAVEERAPPA MODI (D) BY LRS..

The Supreme Court set aside the impugned judgment of the High Court regarding a Second Appeal, determining that incorrect facts were recorded and that the appeal was decided at the admission stage without the appellant's appearance. The Court held that it was appropriate to remand the matter back to the High Court for a fresh hearing, ensuring that both parties are heard. Consequently, the civil appeal was allowed, and the Second Appeal was restored to its original number for reconsideration.