Supreme Court · 2000 INSC 118 · Decided 3 March 2000

Gopalankutty Nair and ORS. v. Kunhirama Tharakan and ORS.

Court
Supreme Court of India
Citation
2000 INSC 118 · [2000] 2 S.C.R. 103
Case number
CIVIL APPEAL No. 1933/2000
Decided
3 March 2000
Bench
S. SAGHIR AHMAD, D.P. MOHAPATRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 136

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 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 based on the case of the parties or with the sanction of law-Held, on facts that

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