Damu v. Preetha
Case brief
What is this about?
This judgment sets aside an order by the first appellate court remanding a boundary fixation suit back to the trial court. The High Court directed the appellate court to adjudicate the matter after allowing additional evidence regarding chronological alienation.
What did the court decide?
The order of remand is set aside; the matter to be disposed of by the First Appellate Court within three months after admitting additional survey evidence.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 6th DAY OF JANUARY 2022 / 16TH POUSHA, 1943
FAO (RO) NO. 2 OF 2021
AGAINST THE JUDGMENT DATED 06.10.2020 IN AS No.5/2019 OF SUB COURT, VATAKARA AGAINST THE JUDGMENT DATED 8.11.2018 IN OS 70/2012 OF MUNSIFF COURT, VATAKARA
APPELLANTS (RESPONDENTS/PLAINTIFFS):
1 DAMU, AGED 80 YEARS, D/o CHATHAN, KIZHAKKE THURUTHUYIL HOUSE, PUTHUPPANAM AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 105. 2 GANESHAN, AGED 59 YEARS, S/o DAMU, KIZHAKKE THURUTHUYIL HOUSE, PUTHUPPANAM AMSOM DESOM, VATAKARA TALUK, KOZHIKODE DISTRICT, PIN-673 105. BY ADVS. T. SETHUMADHAVAN (SR) PREETHI. P.V. M.V.BALAGOPAL DEEPA NARAYANAN
RESPONDENTS (APPELLANTS/DEFENDANTS):
1 PREETHA, AGED 57 YEARS, W/o SOMAN, PADINHARE THURUTHIYIL HOUSE, PUTHUPPANAM P.O., VATAKARA TALUK, KOZHIKODE DISTRICT-673 105. 2 SWAROOP.P.T., AGED 30 YEARS, S/o LATE SOMAN, PADINHARE THURUTHIYIL HOUSE, PUTHUPPANAM P.O., VATAKARA TALUK, KOZHIKODE DISTRICT-673 105. 3 PRINCY.P.T., AGED 39 YEARS, W/o BYJU, PAKKUNIPARAMBATH HOUSE, CHORODE POST, KOZHIKODE DISTRICT-673 106. 4 PRINSHA.P.T., W/o RENJITH, NADUKKANDY MEETHAL HOUSE, VATAKARA, NADAKKUTHAZHA POST, PIN-673 112. R1 TO R4 BY ADVS. B.KRISHNAN R.PARTHASARATHY
Issues for consideration
2 issues framed by the court
Whether the order remanding the boundary fixation suit to the trial court for a fresh survey can be set aside to expedite disposal.
Whether the litigation should be allowed a third remand or permitted to proceed in the first appellate court with additional evidence.
Parties & counsel
- appellant
Damu
- appellant
Ganeshan
- respondent
Preetha
- respondent
Swaroop.P.T.
- respondent
Princy.P.T.
- respondent
Case details
As recorded by the court registry
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