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NON-REPORTABLE IN THE SUPREME COURT OF INDIA  CIVIL APPELLATE JURISDICTION  

CIVIL APPEAL  NO(S). 5875-5876/2010 K.V.MURALIDHAR                                     APPELLANT(S)                                 VERSUS K.V.ANANDA RAO & ORS.                              RESPONDENT(S)

J U D G M E N T ANIL R. DAVE,J.

Heard learned counsel for the parties at length.  Upon hearing the learned counsel, it appears that two important  

documents have not been properly considered by the High Court and no  specific findings have been recorded thereon, namely; 1) compromise  arrived  at  in  O.S.  No.  47/70  on  29.11.1975  and  2)  a  memorandum  recording oral partition dated 10.11.1985.

We are of the view that specific findings ought to have been  recorded on  the aforesaid two documents so as to determine the  rights of the parties.

In  view  of  the  aforesaid  circumstances,  we  set  aside  the  impugned judgment and remit the matter back to the High Court so that  after  hearing  the  concerned  parties,  the  matter  can  be  decided  afresh. Needless to say that it would be open to the parties to raise  all possible contentions before the High Court.

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The parties shall appear before the High Court on 08.02.2016 so  that the matter can be fixed for hearing on that date.  

The civil appeals are disposed of as allowed with no order as to  costs.  

 ......................J.

[ANIL R. DAVE]

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

NEW DELHI; JANUARY 07, 2016