AIROnline 2025 SC 385

Supreme Court Of India

(From : AIR 2024 (NOC) 262 (Ker))

Hon'ble Judge(s): B. R. Gavai, Augustine George Masih , JJ

Civil P.C. (5 of 1908) , O.41 R.23— Remand of case - Correctness of order for - High Court had remanded matter to Trial Court on ground that there was no proper identification of subject land by Court Commissioner in suit for declaration of title, fixation of boundary and injunction - Boundaries and area of land recorded in sale deed and conveyance deed executed by father of appellant after acquiring "Jenmam Rights" was same but survey number was different - Position regarding same was clarified in subsequent settlement deed - Held, appeal could have been decided by High Court on basis of interpretation of three documents since area of property as well as borders and boundaries shown were same in all the documents - Remand of matter only for appointment of another Court Commissioner would further delay proceedings between parties which was pending for more than 14 years - Remand of matter was erroneous - High Court was requested to decide the appeal on its own merits. AIR 2024 (NOC) 262 (Ker)-Reversed (Para 11 13) .....