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NON-REPORTABLE

IN THE SUPREME COURT OF INDIA                     CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.2508 OF 2007           

  SHIVANAGOWDA SHANKARGOUDA DESAI           ... APPELLANT(S)                  VS.

  M. CHANNAVEERAPPA MODI (D) BY LRS.& ORS.  ... RESPONDENT(S)

   J U D G M E N T

ANIL R. DAVE, J.

1. Heard the learned counsel for the appellant.

2. Though served, nobody appears for the respondents.

3. In view of the fact that perhaps certain incorrect  

facts have been recorded in the impugned judgment and more  

particularly, the  Second  Appeal  has  been  decided  at  the  

admission stage, without appearance of the appellant, we are  

of the view that it would be just and appropriate if the  

High Court reconsiders the entire Second Appeal and decides  

it afresh.

4. In the circumstances, the impugned judgment is set  

aside.  The Second Appeal shall be restored to its original  

number.  The matter is remanded to the High Court so that  

after hearing the parties, it can be decided afresh.

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5. The High Court shall notify the afore-stated Second  

Appeal for hearing on 15th February, 2016, so that the appeal  

can be decided at an early date.

6. The civil appeal is disposed of as allowed with no  

order as to costs.  Pending application, if any, stands  

disposed of.

       ..............J.

[ANIL R. DAVE]

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

New Delhi; 6th January, 2016.

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