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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.298 OF 2007          

   GHUDUSAB @ GOUSEMOHIDDIN A.BURDI & ORS.   .. APPELLANT(S)  

               VS.

   GHUDUSAB IMAMSAB BURDI (D) BY LRS. & ORS. .. RESPONDENT(S)

      J U D G M E N T

ANIL R. DAVE, J.

1. Heard the learned counsel appearing for the parties.

2. The learned counsel could not dispute the fact that

while deciding Regular Second Appeal No.390 of 1996, the

High Court had not considered the judgment delivered by

this Court in the case of Abubkar Abdul Inamdar (D) by LRs.

& Ors. Vs. Harun Abdul Inamdar & Ors. [(1995) 5 SCC 612],

which prima facie appears to be quite relevant.   

3. In the circumstances, the appeal is remitted to the

High  Court  so  that  after  considering  the  afore-stated

judgment  and  other  relevant  judgments,  which  might  be

referred to by the learned counsel for the parties, the

appeal can be decided afresh.

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4. We  also  clarify  that  we  have  not  expressed  any

opinion on the merits of the case and the High Court will

decide the matter after considering the submissions which

might be made and judgment(s) which might be cited.

5. The impugned judgment is set aside and the appeal is

allowed with no order as to costs.

6. The parties shall appear before the High Court on

14th September, 2015, so that the appeal can be decided at

an early date.

       ..............J.

[ANIL R. DAVE]

..............J. [KURIAN JOSEPH]

.................J. [ADARSH KUMAR GOEL]

New Delhi; 20th August, 2015.

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