Bokka Subba Rao v. Kukkala Balakrishna & Ors.
Case brief
What is this about?
Bokka Subba Rao v. Kukkala Balakrishna & Ors., Supreme Court of India, Civil Appeal No. 1245 of 2008, decided 12 February 2008 ([2008] 2 S.C.R. 753); bench Tarun Chatterjee and Dalveer Bhandari JJ., judgment delivered by Tarun Chatterjee J. Keywords: Section 100 CPC; second appeal; substantial question of law; formulation mandatory before allowing second appeal; remand to High Court; High Court of Judicature, Andhra Pradesh at Hyderabad; Second Appeal No. 1665 of 2004; judgment dated 26.07.2005 decreeing suit for declaration of absolute property and perpetual injunction; judgment set aside; second appeal restored to original file; disposal within six months; no order as to costs; leave granted; notice confined to non-formulation of substantial question of law.
What did the court decide?
Appeal allowed to the extent indicated: judgment of the High Court in second appeal set aside; second appeal restored to its original file; High Court requested to dispose of the second appeal at an early date, preferably within six months from the date of supply of a copy of the order; no order as to costs.