Leave granted.
Heard the learned counsel for the parties.
This appeal arises out of the judgment and order dated 8.8.2006 passed by
the the Karnataka High Court in R.F.A. No.144/2004.
Mr. Bhat, learned counsel for the appellant, at the outset, pointed out that
though the High Court was dealing with the matter in first appeal, it had set aside the
order of the Trial Court without giving any reasons, whatsoever, and has not even
casually discussed the evidence in arriving at its conclusions.
We have gone through the order passed by the High Court very carefully
and find that the assertion made by the learned counsel appears to be correct. The
reference to the Will and the other evidence being extremely sketchy and more
particularly, keeping in view the fact that the judgment of the Trial Court has been
reversed, we set aside the impugned judgment dated 8.8.2006 passed by the High
Court and remit the matter to the High Court for consideration thereof afresh. The
appeal is disposed of accordingly. There shall, however, be no order as to costs.
In view of the fact that the matter is pending since long, we request the High
Court to dispose of the matter as expeditiously as possible.