CHANNASOMAIAH Vs. CHINNAPPA REDDY

JUDGEMENT

(1.) Leave granted.

(2.) The learned Single Judge who passed the order under challenge on a second appeal relied upon the judgment of this Court in Jugraj Singh and Anr. v. Labh Singh and Ors. [1995 (2) SCC 31]. That judgment has now been re-considered and held to be an incorrect statement of the law in Ram Awadh (Dead) By LRs. and Ors. v. Chhaibar Dubey and Anr. [jt 2000 (1) SC 535]. This being the only basis for the judgment and order under appeal, the judgment and order has to be set aside. It is appropriate, therefore, that the second appeal should stand restored to the file of the High Court to be decided afresh, particularly in relation to other pleas that may be raised.

(3.) The civil appeal is allowed. The judgment and order under appeal is set aside. The second appeal (RSA No. 1008 of 1997) is restored to the file of the High Court of Karnataka to be heard and disposed of afresh.