2016 INSC 0020
                                    SUPREME COURT OF INDIA

                                  Shivanagowda Shankargouda Desai

                                                      Vs.

                                         M.Channaveerappa Modi

                                           C.A.No.2508 of 2007

                              (Anil R.Dave and Adarsh Kumar Goel,JJ.)

                                                 06.01.2016

                                                JUDGMENT

Anil R.Dave, J.

1. Heard the learned counsel for the appellant.

2. Though served, nobody appears for the respondents.

3. In view of the fact that perhaps certain incorrect facts have been recorded in the impugned
judgment and more particularly, the Second Appeal has been decided atthe admission stage,
without appearance of the appellant, we are of the view that it would be just and appropr-
iate if the High Court reconsiders the entire Second Appeal and decides it afresh.

4. In the circumstances, the impugned judgment is set aside. The Second Appeal shall be
restored to its original number. The matter is remanded to the High Court so that after
hearing the parties, it can be decided afresh.

5. The High Court shall notify the afore-stated Second Appeal for hearing on 15th February,
2016, so that the appeal can be decided at an early date.

6. The civil appeal is disposed of as allowed with no order as to costs. Pending application,
if any, stands disposed of.

1  SpotLaw