2009 INSC 1207
                                    SUPREME COURT OF INDIA

                                    Satyendra Kumar(Dead)Thr. Lrs.

                                                      Vs.

                                    Mast Ram Uniyal(Dead)Thr. Lrs.

                                       C.A.Nos.3560-3561 of 2009

                       (B.N. Agrawal, G.S. Singhvi and Dr. B.S. Chauhan JJ.)

                                                  14.05.2009

                                                   ORDER

1. Leave granted.

2. Heard learned counsel for the parties.

3. By the impugned order, the High Court, though framed substantial question of law
involved in second appeals but without deciding the same, allowed the appeals and remitted
the matter to the First Appellate Court. In our view, on this ground alone, the impugned order
is fit to be set aside.

4. Accordingly, the appeals are allowed, impugned order rendered by the High Court is set
aside and the matter is remanded to it to decide second appeals in accordance with law after
giving opportunity of hearing to the parties.

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