The Supreme Court has once again reiterated that the High Court should not interfere with the decision of the first appellate court using its jurisdiction under Section 100 of the Code of Civil Procedure (CPC) unless a broad question of law is involved.
A division bench of Justice L Nageswara Rao and Justice S Ravindra Bhat held that the first appellate court is the last court in terms of facts.
In this case, the trial court pronounced its judgment in the partition trial. The First Appellate Court upheld the decision and decree issued under the ‘Final Decree Procedures’ barring one property. The High Court dismissed the decision of the first appellate court on the ground that Block no. The land of 5 has non-agricultural potential. Along with this, the High Court gave block no. In 5, the matter was transferred to the trial court for reconsideration of the allocation of the stake of all the parties. The court agreed to the plea that the entire block no. In favor of the plaintiffs. The allocation of 5 would cause serious bias for the defendants.
