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As per the case facts, the appellant sought partition of ancestral and self-acquired properties from her brother. A previous appellate court judgment was challenged for failing to consider the evidence
...on record. The reason for the appeal to the Supreme Court was to secure a just outcome without prolonging the litigation due to procedural errors. The question arose whether, given that the suit was decades old and the trial court's evidence was not contested, the matter should be remanded to the High Court for reconsideration of evidence. Finally, the Supreme Court found no compelling reason to remand the case to the High Court. It noted that the suit had been pending for over three decades and that the evidence relied upon by the trial court remained undisputed. Consequently, the Supreme Court proceeded to decide the appeal based on the available record, setting aside the appellate court's judgment due to its failure to consider the evidence.
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