A.M. SANGAPPA @ SANGAPPA versus SANGONDEPPA & ANR.

A.M. SANGAPPA @ SANGAPPA versus SANGONDEPPA & ANR.

The High Court failed to notice and advert to relevant aspects and did not follow the principles required under Order 41 Rule 31 CPC for regular first appeals, warranting remand for fresh disposal.

Source-derived case information.

Parties
Appellant: A.M. Sangappa @ Sangappa; Respondent: Sangondeppa; Respondent: V.N. Raghupathy; Respondent: Lave Kumar Sharma
Jurisdiction
India
Judgment Date
19 November 2013
Procedural Posture
Civil Appeal / Appeal From Judgment and Decree of High Court in Regular First Appeal No. 238 of 2004
Outcome
Appeal disposed of; judgment of High Court set aside; matter remanded to High Court for fresh disposal.
Legal Topics
First Appeal, Order 41 Rule 31 CPC, Appellate Court Duties
Civil Procedure First Appeal Order 41 Rule 31 CPC Appellate Court Duties

Source-derived case record

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Parties

A.M. Sangappa @ Sangappa

Appellant

Sangondeppa

Respondent

V.N. Raghupathy

Respondent

Lave Kumar Sharma

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Decree of High Court in Regular First Appeal No. 238 of 2004

Legal Issues

  1. 1 Whether the High Court properly disposed of the regular first appeal in compliance with Order 41 Rule 31 CPC

Ratio Decidendi

The High Court failed to notice and advert to relevant aspects and did not follow the principles required under Order 41 Rule 31 CPC for regular first appeals, warranting remand for fresh disposal.

Court Disposition

Appeal disposed of; judgment of High Court set aside; matter remanded to High Court for fresh disposal.

Orders

  • High Court to restore RFA No. 238 of 2004 (corrected as RFA Nos. 622-623 of 2007) on its file and make all endeavour for early disposal, preferably within six months from date of receipt of the order.