2008 INSC 1618
                                    SUPREME COURT OF INDIA

                                                     Nani

                                                      Vs.

                                             B Umananda Naik

                                           C.A.No.4744 of 2008

                                   (S.B. Sinha and Cyriac Joseph JJ.)

                                                  28.07.2008

                                                   ORDER

1. Leave granted.

2. Having heard the learned counsel for the parties, we are of the opinion that as no
substantial question of law, as is required in terms of sub-section (4) of Section 100 of the
Code of Civil Procedure, has been framed by the High Court, the impugned judgment cannot
be sustained. It is set aside accordingly and the matter is remitted to the High Court for
consideration thereof afresh.

3. All the contentions of the parties shall remain open.

4. The appeal is disposed of accordingly.

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