SUPREME COURT OF INDIA

Before:- S.P. Bharucha and Y.K. Sabharwal, JJ.

Civil Appeal No. 1345 of 2001 (Arising out of S.L.P. (C) No. 15215 of 2001). D/d. 19.02.2001.

Chikkanarasimhareddy and another - Appellants

Versus

E.M. Narasimhareddy and others - Respondents

Civil Procedure Code, 1908, Section 100 - Second appeal - Question of law - Framed at the end of judgment, appearing to be more a question of fact - Order under challenged set aside - Second appeal resorted for fresh disposal.

[Para 2]

ORDER

1. Leave granted.

2. By the order under challenge, the second appeal was allowed. We are not satisfied that there has been due consideration of the second appeal within the constraints of law. The question of law that was framed by the learned Judge who decided the second appeal, almost at the end of his judgment, appears to us to be more a question of fact. We think that it is appropriate, in the circumstances, to set aside the order under challenge and restore the second appeal (R.S.A. No. 693 of 1998) to the file of the High Court to be heard and disposed of afresh, expeditiously. The civil appeal is accordingly allowed.

3. Pending the disposal of the second appeal by the High Court, the status quo as to possession shall be maintained.

No order as to costs.

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