Supreme Court of India
Gopalankutty Nair and Ors. v. Kunhirama Tharakan and Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
Accordingly, we allow the appeal, set aside the impugned judgment and decree passed by the High Comt and remand the case to the trial court for disposal afresh in tl1e manner aforesaid.
Judgment, page 8
From the headnote
Constitution of India, 1950-Article 136-Inteiference-Remittance of matter to the trial court-When necessary-Question arose whether the suit land as alleged to have been trespassed upon by the first respondent was a part of the common bund-This question covered by one of the issues framed by the trial court-The trial court and the High Court did not decide this point-But the High Court, to put an end to the controversy between the parties over the common bund, adopted a pro-active role and directed division of the bund between the parties-Such pro-active role is not sustainable as it is not
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