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2026 Supreme(Online)(Ker) 10284

IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
P.K.RADHAKRISHNA PILLAI (DECEASED) – Appellant
Versus
ASGHAR ALIKHAN – Respondent


Advocates:
For the Appellants/Petitioners: K.S.HARIHARAPUTHRAN
For the Respondents: S.V.BALAKRISHNA IYER (SR.), P.B.KRISHNAN (SR.), P.B.SUBRAMANYAN, SINDHU SANTHALINGAM, A.D.SHAJAN, JESSY S.SALIM

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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