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Ghudusab @ Gousemohiddin A. Burdi & Ors. v. Ghudusab Imamsab Burdi (D) by LRs. & Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 298 of 2007)Decided 20 Aug 2015
Civil Appeal No. 298 of 2007
Justice Anil R. Dave · Justice Kurian Joseph · Justice Adarsh Kumar Goel

Background

This order sends the case back; it does not decide the dispute. The parties were in a property dispute that the High Court decided in Regular Second Appeal No. 390 of 1996. In doing so, the High Court did not consider a relevant Supreme Court precedent, Abubkar Abdul Inamdar v. Harun Abdul Inamdar, (1995) 5 SCC 612.

Decision Breakdown

This is not a final decision on the dispute. The Court set aside the High Court's judgment and sent the appeal back to the High Court to be decided afresh. It directed the parties to appear before the High Court on 14 September 2015 and stated that it had not expressed any opinion on the merits.

Lesson Learnt

There is no final ruling yet on the property dispute, which the High Court must decide afresh. A judgment that fails to consider a relevant Supreme Court precedent can be set aside for that reason.

Official source (sci.gov.in)View Judgment (PDF)

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