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KERALA HIGH COURT
, J
Metal Industries (Ltd.) Shornur and Another v. Geetha Parangath and Another
| Table of Content |
|---|
| 1. background of the case and claimant disputes. (Para 1 , 3 , 4 , 6 , 8) |
| 2. contentions regarding procedural rights and appellate authority. (Para 9 , 10 , 11) |
| 3. authority of the court to ensure proper adjudication. (Para 12 , 20 , 24 , 25) |
| 4. decision to identify property for clear resolution of disputes. (Para 27 , 28) |
| 5. final result of the case. (Para 29) |
1. This appeal is brought from the judgment dated 16/07/2011 in AS No. 12 of the Sub Court, Ottappalam. The lower Appellate Court set aside judgment and decree of the Munsiff’s Court, Ottappalam in OS No. 205 of 1998 and remitted the case for fresh decision after identifying the suit property with the assistance of an Advocate Commissioner.
2. The following substantial questions of law are framed for a decision.
(i) Is not there want of jurisdiction for the lower Appellate Court to remand the case to the Trial Court for identification of the property after the High Court has affirmed order of the Trial Court dismissing the application for identification of the suit property?
(ii) Could the lower Appellate Court validly re-open the order of Trial Court on the application after Trial Court’s order was found to be le
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