The Supreme Court of India on 11.09.2018, in Narayana Gramani & Ors. v Mariammal & Ors. allowed the appeal filed by the plaintiffs while setting aside the judgement passed by High Court Court in allowing the second appeal of the defendants upon the question of law.
The appeal had been filed against the judgment of the High Court of Judicature when it allowed the second appeal filed by defendant while setting aside the judgment and decree that had been passed by Additional Subordinate Judge, while dismissing the suit that was filed by the appellants .
Facts: The Appellants were the plaintiffs who were the family members of the one who filed a civil suit against the respondents who were the defendants to the concerned civil suit filing for a declaration and permanent injunction .
As per the version of the plaintiffs are concerned, a partition had taken place where the disputed land had fallen in their part of the share wherein they had invested a lot of money and that the defendants were creating hassle devoid of any legal authority along with assertion of rights over the property whereas it was claimed by the that the property belonged to them as they were the real owners .
Issues:
(1)Can a declaration and permanent injunction be allowed against the defendants?
(2) If allowed what could be the reliefs.
The Trial Court opined that the plaintiffs were able to establish their claim by necessary evidence hence entitling them to claim a declaration and permanent injunction.
Being aggrieved by the decision of the Court, a first appeal was filed which was dismissed .While a second appeal was made, the appeal was admitted by the High Court by setting aside the judgment and decree of the two [1]courts.
Held: A special leave petition was filed before the Apex Court by the plaintiffs, where the Supreme Court of India opined that an error had been committed by the High Court while allowing the second appeal and that the case needs to be remanded and decided as per the law. The appeal was allowed while setting aside the judgment of High Court.
[1] https://www.sci.gov.in/supremecourt/2007/35474/35474_2007_Judgement_11-Sep-2018.pdf