(Kurian Joseph and S. Abdul Nazeer, JJ.)
Pritam Singh & Ors. ______________________________ Appellant(s)
v.
Gurcharan Kaur & Ors. ___________________________ Respondent(s)
Civil Appeal No. 10359 of 2018 [Arising out of Special Leave Petition No. 94 of 2016], decided on October 9, 2018
The Judgement of the Court was delivered by
Kurian, J.:—
1. Leave granted.
2. The appellants preferred an appeal before this Court aggrieved by the Judgment passed by the High Court in second appeal upsetting concurrent findings of fact without entering into the finding on perversity.
3. According to the High Court, the date of death of Sham Kaur is irrelevant whereas it is a crucial factual aspect for deciding the lis. This is just one example. In such circumstances, learned counsel on both sides submit that the matter may require consideration afresh by the High Court and, hence, the appeal may be remitted to the High Court.
4. We find no reason to deny the joint request. The order of the High Court is set aside. The second appeal is remitted to the High Court for consideration afresh. We make it clear that all contentions are left open.
5. The appeal consequently is disposed of.
Petition for Special Leave to Appeal (C) No. 94/2016
Pritam Singh & Ors ______________________________ Petitioner(s)
v.
Gurcharan Kaur & Ors ____________________________ Respondent(s)
IA No.-90879/2018-Exemption from filing OT
IA No.-90882/2018-Permission to file Additional documents/Facts.
Date : 09-10-2018 This petition was called on for hearing today.
(Before Kurian Joseph and S. Abdul Nazeer, JJ.)
For Petitioner(s) Mr. P.S. Patwalia, Sr. Adv.
Mr. Gauravjit Singh Patwalia, Adv.
Mr. Uday Kumar, Adv.
Mr. Tushar Bakshi, AOR
For Respondent(s) Mr. Neeraj Jain, Sr. Adv.
Ms. Devika Khanna, Adv.
Ms. V.D. Khanna, AOR
Mr. Yash Ahlawat, Adv.
Mr. Zakir Hussain, AOR
Mr. Vaibhav Tiwari, Adv.
Mr. Yash Ahlawat, Adv.
Mr. Ram Naresh Yadav, AOR
UPON hearing the counsel the Court made the following
ORDER
6. Leave granted.
7. The appeal is disposed of in terms of the signed nonreportable judgment.
8. Pending application(s), if any, shall stand disposed of.
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