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2000 Supreme(SC) 341

2000(8) Supreme 428
SUPREME COURT OF INDIA
S. Saghir Ahmad & R.P. Sethi, JJ.
Kamta Singh & Ors. -Appellants
versus
State of Bihar & Ors. -Respondents
Civil Appeal No. 1014 of 2000
(Arising out of SLP (C) No. 2973/1999)
Decided on 11-2-2000

Headnote:Writ Jurisdiction-Writ petition dismissed holding that disputed question of title was involved and petitioner could approach Civil Court-LPA dismissed by Division Bench but by giving a positive finding on question of title-Such finding could not have been recorded in absence of evidence-Impugned order in LPA was liable to be set aside. (Paras 2 and 3)

       

ORDER

Leave granted.

2. The appellants writ petition was disposed of by the learned Single Judge of the High Court with the observations that since the writ petition involved disputed question of title, the appellants may approach the Civil Court for appropriate relief. Unfortunately, the appellants filed an LPA against the judgment of the Single Judge. The learned Judges dismissed the LPA with a positive finding on the question of title which, in the circumstances of the case, could not have been recorded unless full evidence was brought on record.

3. Consequently, we allow this appeal at the initial stage, as the respondents are represented before us and we have heard their counsel. The order passed by the Division Bench is set aside and the appellants are directed to seek their remedy in the Civil Court in respect of the property in question, if they are so advised.

Appeal allowed.

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