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october 1983

Supreme Court of India · 1983-10-24

SOUNDARARAJ vs DEVASAHAYAM & ORS

Citation / case number
SC 1983/66173
Court
Supreme Court of India
Petitioner
SOUNDARARAJ
Respondent
DEVASAHAYAM & ORS
Author
A. VARADARAJAN
Bench
A. VARADARAJAN

Judgment text excerpt

The Supreme Court held that the High Court erred in setting aside its own judgment and the judgments of the lower courts while remanding the case for fresh disposal. The Court emphasized that instead of remanding, the High Court should have framed additional issues and sought findings from the Trial Court, allowing both parties to present evidence. The Court upheld the decrees of the Trial Court and the Subordinate Judge, maintaining the status quo of the property demarcation and mandatory injunctions previously ordered.

SOUNDARARAJ vs DEVASAHAYAM & ORS · Niyam