Case Note & Summary
The appeal arose from a judgment of the Karnataka High Court that allowed a Second Appeal filed by the respondent. The appellant, B.C. Shivashankara, challenged the High Court's decision on the grounds that it did not formulate any substantial question of law as mandated by Section 100 of the Code of Civil Procedure, 1908. The appeal was filed only by the first defendant, while the other defendants were impleaded as respondents but later deleted at the appellant's request. The Supreme Court noted that the High Court's judgment did not indicate any substantial question of law had been formulated or that the appeal was heard on such a question. The Court referred to precedents emphasizing the necessity of formulating a substantial question of law for the High Court's jurisdiction under Section 100 CPC. It highlighted that the High Court's failure to do so rendered its judgment unsustainable. The Court also reiterated that mere long possession does not equate to adverse possession without evidence of hostile animus. The Supreme Court set aside the High Court's judgment and remitted the matter for disposal in accordance with law, with no order as to costs.
Headnote
A) Civil Procedure - Second Appeal - Requirement of Formulating Substantial Question of Law - Code of Civil Procedure, 1908, Section 100 - High Court failed to formulate a substantial question of law before allowing the Second Appeal, violating procedural requirements. The Supreme Court held that the judgment cannot be maintained due to this non-compliance and remitted the matter back to the High Court for proper disposal (Paras 1-5).
Issue of Consideration
Whether the High Court erred in allowing the Second Appeal without formulating a substantial question of law as required under Section 100 of the Code of Civil Procedure, 1908.
Final Decision
The Supreme Court set aside the High Court's judgment and remitted the matter for disposal in accordance with law, with no order as to costs.
Law Points
- Second Appeal
- Substantial Question of Law
- Code of Civil Procedure
- 1908
- Jurisdiction of High Court
- Permissive Possession
- Adverse Possession
