IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
P.K.RADHAKRISHNA PILLAI (DECEASED) – Appellant
Versus
ASGHAR ALIKHAN – Respondent
| Table of Content |
|---|
| 1. assessment of grounds for appeal discussed. (Para 2) |
| 2. discussion on insufficient evidence and boundary fixation. (Para 3 , 4) |
| 3. court concludes no substantial question of law exists. (Para 5) |
J U D G M E N T
This appeal arises out of an order of remand in AS No.291/2007 on the files of the Additional District Court-II, Thiruvananthapuram, which arises from the judgment and decree of the Principal Sub Court, Thiruvananthapuram in OS No.831/96, which was preferred by the appellants herein for declaration of title, putting up of boundary, for prohibitory injunction and other consequential reliefs. The suit was tried along with OS Nos.1318/94. Both the suits were dismissed and two appeals, AS Nos.291/2007 and 213/2007, were filed before the Additional District Court-II, Thiruvananthapuram. The first appellate court by judgment dated 30.3.2011 allowed AS No.291/2007 remanding OS No.831/1996 for fresh consideration with a direction to identify and measure out the property in survey No.1445-B and to demarcate the dividing boundary between survey Nos.1445-A and 1445-B. The plaintiffs impugn the said judgment on the ground that the order of remand is unsustainable because
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