Supreme Court of India · 2017-04-18
Velayudhan & Ors vs Mohammedkutty & Ors
- Citation / case number
- AIR 2017 SUPREME COURT 2098
- Court
- Supreme Court of India
- Petitioner
- Velayudhan & Ors
- Respondent
- Mohammedkutty & Ors
- Author
- Abhay Manohar Sapre
- Bench
- Abhay Manohar Sapre, R.K. Agrawal
Judgment text excerpt
The Supreme Court addressed the appeal concerning the nature of a civil suit filed for a permanent injunction under Section 100 of the Code of Civil Procedure, 1908. The Court held that the High Court had erred in assuming the suit was solely for a permanent injunction without considering the plaintiffs' claim for a declaration of title. Consequently, the Court remanded the case to the High Court for a fresh decision on the merits, reframing the substantial questions of law.