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april 2017

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.

VELAYUDHAN vs MOHAMMEDKUTTY . · Niyam