HAMEED (D) BY LRS. vs KUMMOTTUMMAL KUNHI P.P.AMMA(D)BY LRS&ORS

The Supreme Court held that the High Court's order remanding the case to the Trial Court for reconsideration was unjustified as it failed to specify the questions of law and fact that needed 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 previous judgment was erroneous or without a merit-based assessment. 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 possession of the property.