Remanded
Gopinathan Nair v. Mariyamma
Kerala HCCRP/227/2016
Case brief
AI extract
What is this about?
In a civil revision petition concerning alleged trespass by a judgment debtor violating a permanent injunction, the High Court of Kerala remanded the matter to the court below. The Court held that while the decree holder usually bears the burden of proof, the peculiar facts warranted a re-investigation by the original commissioner to verify construction against the original plan at the debtor's ex
What did the court decide?
The matter is remitted to the court below to depute the original commissioner to verify any construction against the original plan at the judgment debtor's expense within three months.