Hameed (D) By Lrs. & Ors vs Kummottummal Kunhi P.P.Amma(D)By ...

The Supreme Court held that the High Court's remand of the case to the Trial Court for reconsideration was unjustified as it failed to specify the questions of law and fact that required assessment, contrary to Order 41, Rule 23A of the Code of Civil Procedure. The Court emphasized that a remand should not occur without a finding that the lower court's judgment was erroneous. Consequently, the Supreme Court set aside the High Court's order and restored the Trial Court's dismissal of the suit, affirming the defendants' continuous and uninterrupted possession of the property.