Supreme CourtFull Bench(2016) 02 SC CK 0027

Balihar Singh vs Bhagat Singh (D) Thr. Lrs. & Ors.

Supreme Court Of India · Decided on 16 February 2016

HON’BLE JUDGES
Anil R. Dave · Shiva Kirti Singh · Adarsh Kumar Goel, JJ.
RESULT
Allowed
CASE NUMBER
Civil Appeal No. 1505 of 2016 (Arising out of SLP (Civil) No.720 of 2009)

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Judgment

9 paragraphs · 171 words

Anil R.Dave, J. - Heard the learned counsel for the appearing parties.

2.

Delay condoned.

3.

Leave granted.

4.

Upon hearing the learned counsel for the parties, we find that the appellant-original plaintiff was not heard and therefore, we are of the view that the matter requires re-consideration by the High Court.

5.

In the circumstances, we set aside the impugned judgment and remit these matters to the High Court so that the High Court, after hearing the concerned parties, can decide these matters afresh in accordance with law.

6.

The parties shall appear before the High Court on 28th March, 2016 so that the date of further hearing can be fixed.

7.

Interim relief, granted by this court, shall continue till 31st March, 2016.

8.

The High Court shall also take appropriate decision after hearing the concerned parties, on the prayer for interim relief.

9.

In view of the above, the civil appeals are disposed of as allowed. No order as to costs. Pending applications, if any, stand disposed of.