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april 2017

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.

Velayudhan & Ors vs Mohammedkutty & Ors · Niyam