S.B.SINHA, MUKUNDAKAM SHARMA
H. V. Vedavyasachar – Appellant
Versus
Shivashankara – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The appellant filed a suit seeking a judgment and decree for a permanent injunction to prevent the defendants from interfering with the plaintiff's rights, title, and interest over the scheduled property, including preventing the creation of documents or alienation of the property (!) .
An application was filed and allowed to amend the plaint, which included additional prayers for mandatory and permanent injunctions, recovery of possession, and an enquiry into mesne profits (!) (!) .
The suit was decreed in favor of the plaintiff, but the respondents appealed. The appellate court permitted the respondents to adduce additional evidence, citing procedural provisions allowing such evidence to be produced either by the appellate court or directed to be taken by the trial court (!) (!) .
The appellate court remanded the case to the trial court for fresh disposal concerning the claim for possession of a specific schedule property, due to the trial court's failure to provide adequate opportunity to the respondents for evidence adduction (!) (!) .
The appellant challenged the correctness of the appellate court's order, arguing that the suit was under a specific section of the law and that the remand was improper because the case involved a different legal framework and procedural provisions (!) (!) (!) .
The respondents contended that the trial court improperly refused to allow evidence and that the appellate court's directions were justified. They also argued that the remand was appropriate under the procedural rules (!) (!) .
The court clarified that the suit involved claims beyond those permitted under the specific section cited by the appellant, and thus the appeal was maintainable (!) (!) .
Regarding the procedural aspect of adducing additional evidence, the court held that the appellate court could either record evidence itself or direct the trial court to do so, but the order of remand issued by the appellate court was not in accordance with the applicable procedural provisions (!) (!) .
The court emphasized that remanding a case to the trial court for evidence collection must be based on specific procedural rules, which were not followed in this case. The proper procedure involves remand under particular rules, not simply a general direction to dispose of the case after evidence collection (!) (!) .
The court modified the appellate order, directing that the trial court record the evidence within a specified period, transmit the records to the appellate court, and that the appellate court dispose of the appeal expeditiously, within a set timeframe (!) (!) (!) .
The court noted the delay in the case and the fact that the plaintiff had been dispossessed long ago, and accordingly, no costs were awarded (!) (!) .
The appeal was disposed of with the directions outlined, emphasizing adherence to proper procedural rules for evidence and remand processes (!) (!) .
Please let me know if you need further analysis or specific legal advice based on this document.
Judgment
S.B. Sinha J.
1. Leave granted.
The plaintiff is appellant before us. He filed a suit praying inter alia for the following reliefs:
"to grant a judgment and decree of a permanent injunction restraining the first and second defendants either by themselves or through anyone on their behalf from interfering in the plaintiffs right, title and interest over and in the suit scheduled property including creating documents alienating the property to others and award cost and grant such other relief(s) as deemed fit and proper under the circumstances in the interest of justice and equity."
2. However, an application for leave to amend the plaint was filed which having been allowed; the prayers made in the amended plaint read as under:-
"(a) a judgment and decree of perpetual injunction against the defendants 1 to 3 directing the defendants to restore the possession of the schedule premises to the plaintiff and not to interfere in the plaintiff's lawful possession and enjoyment of the schedule property in any manner whatsoever.
(b) A judgment and decree against the defendants for mandatory injunction directing the defendants to restore the possession of the 'B' schedule property, wh
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