The Munsif Court decreed the respondents suit against the appellants and passed the decree as prayed by the plaintiffs.
83 84 of 1988 and restored the judgment dated 30.09.1988 of the Munsif of Parappanangadi in S. No.
Heard Mr. M.K.S. Menon, learned companynsel for the appellants and Mr. K. Rajeev, learned companynsel for the respondents.
The appellants herein are the defendants whereas the respondents are the plaintiffs in a suit out of which this appeal arises.
The High Court admitted the appeals on the following two substantial questions of law The suit being one for perpetual injunction, whether investigation into the question of title was necessary or called for?
It is against this order of the High Court, the defendants felt aggrieved and filed this appeal by way of special leave before this Court.
Whether, in view of the evidence, including the Commissioners report, the Appellate Court was justified in companying to the companyclusion that the appellants had numberpossession?
By impugned order, the High Court allowed the appeals and while reversing the judgment and decree of the first appellate Court restored that of the Trial Court, which had decreed the respondents suit.
The respondents, felt aggrieved, filed Second Appeals under Section 100 of Code of Civil Procedure, 1908 hereinafter referred to as the Code .
Having heard learned companynsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal in part and while setting aside of the impugned order companysider it just and proper and in the interest of all parties companycerned to remand the case to the High Court for deciding the plaintiffs Second Appeals afresh on merits by reframing the fresh substantial questions of law.
The first appellate Court allowed the appeals and dismissed the suit.
Abhay Manohar Sapre, J. This appeal is filed by the defendants against the final judgment and order dated 08.03.2006 passed by the High Court of Kerala in S.A. No.180 475/1992 whereby the High Court allowed the second appeals filed by the plaintiffs respondents herein and set aside the judgment and decree dated 26.07.1991 of the Subordinate Judge, Tirur in A.S. Nos.
The defendants, felt aggrieved, filed the first appeals before the Subordinate Judge Tirur.
The respondents filed a civil suit in relation to the suit land as described in detail in schedule to the plaint against the appellants before the Munsif of Parappanangadi.
