The court affirmed the dismissal of an injunction suit due to lack of substantial questions, clarifying that title issues can be addressed in future proceedings.

O R D E R

This review petition is filed by the appellant in R.S.A No.1205/2012 seeking to review the judgment dated 26.07.2013. The appellant / plaintiff in a suit for injunction was non-suited concurrently by the courts below and hence R.S.A No.1205/2012 was preferred. In the Regular Second Appeal, this Court found that the judgment of the courts below are required to be sustained inasmuch as the plaintiff has no case that the temple was managed by her or her predecessor and that she was in possession of the property. Accordingly, the dismissal of the suit for injunction was sustained on the ground that no substantial questions of law arises for consideration.

2. In the present review what is contended is that an appeal carried forward against a suit for injunction simplicitor, there could not have been any findings rendered by this Court touching upon the title of the appellant. Especially, since the question of title was not an issue before the courts below.

3. Heard Smt. Meena A., the learned counsel appearing for the review petitioner. Notice on the delay petition was served on the respondents and they were accepted the notice and Shri.P.A Harish, the learned counsel, appeared for the respondents.

4. On considering the submissions of Smt.Meena A., the learned counsel for the review petitioner, this Court finds it appropriate to order this review petition as follows:-

(a) As regards the findings rendered by this Court that no substantial questions of law arises for consideration, there is no error apparent on the face of the records and thus this review petition need not be entertained.

(b) As regards the question of title of the review petitioner / appellant is concerned, it is made clear that the observations made by this Court in the judgment impugned in the review petition as well as by the courts below, will not preclude the review petitioner from asserting her title in appropriate proceedings, if permissive under law. With the above observation, this review petition is disposed of.

Sd/-