- (1.) Heard the learned counsel appearing for the parties.
(2.) The learned counsel could not dispute the fact that while deciding Regular Second Appeal No.390 of 1996, the High Court had not considered the judgment delivered by this Court in the case of Abubkar Abdul Inamdar (D) by LRs. & Ors. Vs. Harun Abdul Inamdar & Ors., 1995 5 SCC 612, which prima facie appears to be quite relevant.
(3.) In the circumstances, the appeal is remitted to the High Court so that after considering the afore-stated judgment and other relevant judgments, which might be referred to by the learned counsel for the parties, the appeal can be decided afresh.;