IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. /2026 (@ SLP (C) NO. 6833/2022)

P M PARTHAKUMAR (DIED) THROUGH HIS LRS. APPELLANT(s)

VERSUS AJITH VISWANATH & ORS. Respondent(s)

with CIVIL APPEAL NO. /2026 (@SLP(C) No. 12932/2022)

O R D E R

1. Applications seeking substitution are allowed.

2. Leave granted.

3. Appellants challenge the judgment and orders dated 14.01.2022 passed by the High Court of Kerala at Ernakulam in RFA No.

466/2014.

4. Having heard learned counsel for the parties, we are of the considered view that interest of justice would be best met with the disposal of the present Appeal on the following terms:

(i) It is not in dispute that in the earlier round of litigation, the relationship of landlord and tenant inter-se the parties in the present appeal stood settled. There is no relationship of landlord and tenant.

Signature Not Verified Digital(y siigneid b)y It is also not in dispute that in the second round of KANCHAN CHOUHAN

Date: 2026.02.16

Reason:

litigation, the respondent herein has succeeded in establishing

his title and thus held entitled to recovery of possession as has

been so held by the Trial Court.

(iii) We notice that subsequently the High Court in an appeal preferred by the predecessor in interest of the instant petitioner has remanded the matter to the Trial Court for determining the relationship of landlord and the tenant.

(iv) We are of the considered view that it is here that the High Court has committed an error with the relationship of tenancy having attained finality there could not have been any order of remand. As such, we quash and set aside the impugned order and remand the matter to the High Court being the first Appellate Court for consideration of the appeal on its own merits.

(v) All contentions except relationship of landlord and tenant are left open.

(vi) Parties to appear before the High Court on 09.03.2026.

(vii) Considering that the parties have been in litigation since the year 1995, we request the High Court to decide the matter on an expeditious basis, preferably within a period of six months.

5. The Appeals stand disposed of in the above terms.

6. Pending application(s), if any, shall stand disposed of.

…………………………………………………………………. J.

(SANJAY KAROL)

…………………………………………………………………. J.

(UJJAL BHUYAN)

New Delhi, 9^th February, 2026 ITEM NO.49 COURT NO.8 SECTION XI-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 6833/2022 [Arising out of impugned final judgment and order dated 14-01-2022 in RFA No. 466/2014 passed by the High Court of Kerala at Ernakulam]

P M PARTHAKUMAR (DIED) THROUGH HIS LRS. Petitioner(s)

VERSUS AJITH VISWANATH & ORS. Respondent(s)

WITH SLP(C) No. 12932/2022 (XI-B)

Date : 09-02-2026 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Hariprasad A, Sr. Adv.

Mr. K. Rajeev, AOR Ms. Swathi H Prasad, Adv.

Ms. Niveditha R Menon, Adv.

Mr. Aditya Verma, Adv.

Mr. Tarun Kumar, Adv.

Mr. V. Chitambaresh, Sr. Adv.

Mr. M. T. George, AOR Mrs. Susy Abraham, Adv.

Mr. Johns George, Adv.

For Respondent(s) Mr. V. Chitambaresh, Sr. Adv.

Mr. M. T. George, AOR Mrs. Susy Abraham, Adv.

Mr. Johns George, Adv.

Mr. K. Rajeev, AOR UPON hearing the counsel the Court made the following

O R D E R

1. Applications seeking substitution are allowed.

2. Leave granted.

3. The Appeals stand disposed of, in terms of the signed order.

4. Pending application(s), if any, shall stand disposed of.

(KANCHAN CHOUHAN) (DIVYA BABBAR)

SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

[Signed Order is placed on the file.]