Supreme Court of India · 2017-04-18
VELAYUDHAN vs MOHAMMEDKUTTY .
- Citation / case number
- SC 2006/13838
- Court
- Supreme Court of India
- Petitioner
- VELAYUDHAN
- Respondent
- MOHAMMEDKUTTY .
- Author
- Abhay Manohar Sapre
- Bench
- ABHAY MANOHAR SAPRE R.K. AGRAWAL
Judgment text excerpt
The Supreme Court addressed the appeal concerning a civil suit for perpetual injunction, determining whether the High Court erred in its assumption that the suit was solely for injunction without considering the question of title. The Court held that the nature of the suit required a fresh examination of the substantial questions of law, particularly regarding the need for a declaration of title alongside the injunction. Consequently, the Court remanded the case to the High Court for a fresh decision on the merits of the Second Appeals, thereby setting aside the impugned order.