Susheela Naik and Another vs G.K. Naik

Leave granted.

By consent of learned counsel for the appellants as well as learned counsel for the respondent-caveator these appeals are being disposed of finally.

The short question is when the learned single Judge of the High Court remanded the proceedings for fresh decision to the First Appellate Court, in review proceedings another learned single Judge could have almost sat in appeal.

In our view, only on the ground that the review proceedings were heard by treating them almost as appeal, the orders could not be sustained and, therefore, the impugned orders are set aside and the remand order passed by the learned single Judge earlier is confirmed subject to the clarification that the question of injunction agitated by the appellants will have to be examined only on the basis of prima facie case put forward by the plaintiffs concerned and the question of title will not be treated to be required to be considered on merits so as to bind the parties in the light of the pleadings as they stand today.

It is also clarified that during the pendency of the remanded proceedings the appellants shall not alienate the suit properties.

Subject to the aforesaid clarifications these Civil Appeals are allowed.

No costs.