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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
R. Ramachandran Nair, S/o. N. Ramakrishna Pillai – Appellant
Versus
Sree Sankaracharya University Of Sanskrit, Kalady Represented By The Registrar, Dr. Gopalakrishnan M. B. – Respondent
| Table of Content |
|---|
| 1. defendant's challenge to the remand order. (Para 1 , 3 , 4) |
| 2. trial court's decree based on commission reports. (Para 6 , 8) |
| 3. arguments regarding amendment and remand. (Para 9) |
| 4. court's reasoning on property identification. (Para 12 , 13) |
| 5. final order for expeditious trial. (Para 14 , 15 , 16) |
JUDGMENT :
M.A.ABDUL HAKHIM, J.
1. Appellant is the defendant in the suit. Appellant is challenging the remand order passed by the First Appellate Court in an appeal filed by the plaintiff.
2. I heard the learned counsel for the appellant, Sri. V. Philip Mathews and the learned counsel for the respondent/plaintiff, Sri. Dinesh Mathew J. Muricken.
3. The suit was one for permanent prohibitory injunction to restrain the defendant from trespassing into the plaint schedule properties. According to the plaintiff/University, the plaintiff obtained plaint A and B schedule properties, as per Exts.A2 and A3 documents. Plaint A schedule property is having an extent of 26 Cents and plaint B schedule property is having an extent of 29 Cents. Both properties together make a compact plot of 55 cents. On the western side of the properties, road is situated. The properties were purchased by
The Appellate Court may remand a case for fresh consideration if the evidence is found inadequate, ensuring effective adjudication of disputes.
Proper identification of properties based on respective title deeds supported by old survey plan and new survey plan is necessary to grant reliefs sought in a suit for injunction and counter claim fo....
Perpetual injunction cannot be granted without clear identification of disputed property.
Possession and proper identification of property are essential prerequisites for granting a prohibitory injunction in property disputes.
The appellate court can appoint a commissioner for local inspection without remanding the case, determining property disputes requires factual evidence including boundary verification.
The central legal point established in the judgment is that in a suit for injunction, the court's principal obligation is to examine the plaintiff's lawful possession, and the identification of prope....
Possession rather than title was determinative in resolving the dispute concerning property ownership.
The law establishes that possession of property is sufficient for injunction relief, even in absence of title documents if ownership is admitted.
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