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Non-Reportable

IN THE SUPREME COURT OF INDIA                    CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.67 OF 2016 (arising out of S.L.P.(Civil) No.2562 of 2005)

  MOHDINSA NABISA GURIKAR (D) BY LRS.        ... APPELLANT(S)    

               VS.

  IMAMSA CHANDAS GURIKAR (D) BY LRS. & ORS.   ... RESPONDENT(S)

J U D G M E N T

Adarsh Kumar Goel, J.

1. Leave granted. 2. Heard the learned counsel. 3. It  is  pointed  out  that  inspite  of  framing  two questions  in  paragraph  11  of  the  judgment,  no  clear finding has been recorded on the question whether the land was re-granted in favour of the defendants for the benefit of the families of both appellants and defendants or  only  for  defendants  and  whether  there  was  earlier partition in the presence of village elders. 4. Accordingly, without expressing any view on merits, we set aside the impugned order and remand the matter to the High Court for a fresh decision in accordance with law.

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5. Parties  are  directed  to  appear  before  the  High Court on 1st February, 2016. 6. In  view of  the above  observation, the  appeal is disposed of as allowed.  There shall be no order as to costs.

       ..............J.  [ANIL R. DAVE]  

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

New Delhi; 4th January, 2016.

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