B. BASAVARAJ Vs. M. SADIQ ALI AND ANR.

JUDGEMENT

(1.) This appeal by special leave arises out of a declaratory suit filed by Respondent No. 1. The suit was decreed by the trial court on 29th March, 1985. The first appeal filed by the appellant was allowed on 12.8.1988. Aggrieved thereby the Plaintiff -Respondent No. 1 filed a second appeal in the High Court which was allowed on 23rd September, 1997. The judgment of the First Appellate Court was set aside and that of the Trial Court restored.

(2.) We, accordingly, allow this appeal, set aside the judgment of the High Court and remand the matter to the High Court for fresh disposal of the second appeal in accordance with law.