SUPREME COURT OF INDIA

State of Kerala and Vadavucode-Puthencruz Grama Panchayat

Vs.

Puthenkavu N.S.S. Karayogam

C.A.No.3441 of 2001

(K.T.Thomas and R.P.Sethi JJ.)

01.05.2001

ORDER

The Text below is only a summarized version of the order pronounced

Respondent filed suit for declaration of title and injunction restraining defendant from constructing any building in suit property. Single Judge issued mandatory injunction. On appeal Supreme Court held that Single Judge had not formulated any question of law and hence jurisdiction of second appeal cannot be exercised. Second appeal remitted back to High Court for fresh disposal.