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september 2023

Supreme Court of India · 2023-09-11

HEMAVATHI vs V. HOMBEGOWDA

Citation / case number
SC 2022/25472
Court
Supreme Court of India
Petitioner
HEMAVATHI
Respondent
V. HOMBEGOWDA
Author
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
Bench
HON'BLE MR. JUSTICE UJJAL BHUYAN HON'BLE MRS. JUSTICE B.V. NAGARATHNA

Judgment text excerpt

The Supreme Court quashed the High Court's orders allowing second appeals without framing substantial questions of law and without proper notice to respondents. The case involved a partition suit where the trial court decreed shares to the appellants, but the subsequent appeals were improperly admitted at the stage of admission. The Court emphasized the importance of following proper legal procedures, including framing substantial questions of law and issuing notices, before allowing second appeals. Consequently, the Court set aside the impugned orders, highlighting procedural irregularities in the appellate process.

HEMAVATHI vs V. HOMBEGOWDA · Niyam