Supreme Court Reports
[2025] 5 S.C.R. 1007 : 2025 INSC 771
Issue for consideration
Issue arose whether High Court was justified in remitting the matter back to the trial court on the second occasion, for de-novo disposal.
Headnote
Remand – Remand by High Court – Property dispute between the parties – High Court remitting the matter to the trial court on the second occasion for de-novo disposal – Correctness: Held: High Court remitted the matter back to the trial court only on the ground that there was no proper identification of the subject land by the Court Commissioner – Appeal could have been very well decided on the basis of the interpretation of sale deed, conveyance deed and settlement deed since the area of the property as well as the borders and boundaries shown were the same in all the said documents – When the matter could have been decided on the interpretation of the said three documents, again remitting the matter only for the appointment of another Court Commissioner would further delay the proceedings between the parties which have been pending for more than 14 years – High Court itself could have appointed the Court Commissioner and called for the report – High Court erred in remitting the matter on the second occasion – High Court to decide the appeal expeditiously. [Paras 8, 13-15]
Keywords:
Remand · Sale deed · Conveyance deed · Court Commissioner · Remitting matter on second occasion · Further delay of proceedings · Remitting the matter back to the trial court for de-novo disposal · Property dispute · Proper identification of the land by Court Commissioner · Interpretation of sale deed, conveyance deed and settlement deed · Matter pending for more than 14 years
As published in the Supreme Court Reports, Supreme Court of India.
Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs),
CC BY 4.0.
Full Judgment Text
Judgment
B.R. Gavai, CJI
1. Leave granted.
2. The present appeal challenges the judgment and final order dated 9th January 2024 passed by the High Court of Kerala at Ernakulam1 in R.F.A. No.42 of 2018 whereby the learned Single Judge of the High Court set aside the judgment of the Principal Sub Court, Ernakulam2, allowing the appeal filed by the respondents and remanding the matter back to the Trial Court for de-novo disposal.
3. The facts, in brief, giving rise to the present appeal are as under:
3.1 On 8th February 1955, father of the appellant executed a sale deed being Sale Deed No.12
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