NELLIKKOTU KOLLERIYIL MADHAVI versus KAVAKKALATHIL KALIKUTTY AND ORS.

NELLIKKOTU KOLLERIYIL MADHAVI versus KAVAKKALATHIL KALIKUTTY AND ORS.

Non-consideration of material evidence is a substantial question of law. The High Court's grant of perpetual injunction was not vitiated by error of law or any substantial question warranting interference.

Parties
Appellant: Nellikkotiu Kolleriyil Madhavi; Respondents: Kavakkalathil Kalikutiy and Ors.
Jurisdiction
India
Judgment Date
29 November 1996
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeal dismissed
Legal Topics
Auction Sale, Perpetual Injunction, Title by Court Sale, Material Evidence Consideration
Civil Law Property Law Auction Sale Perpetual Injunction Title by Court Sale Material Evidence Consideration

Case Brief

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Parties

Nellikkotiu Kolleriyil Madhavi

Appellant

Kavakkalathil Kalikutiy and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether respondents are entitled to a decree of perpetual injunction restraining appellant from interfering with possession

Ratio Decidendi

Non-consideration of material evidence is a substantial question of law. The High Court's grant of perpetual injunction was not vitiated by error of law or any substantial question warranting interference.

Court Disposition

Appeal dismissed

Orders

  • Perpetual injunction granted by High Court is upheld
  • Appellant is open to establish independent title if any in accordance with law