SIRAJUDHEEN Vs. ZEENATH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the common judgment and order dtd. 28/6/2019, passed by the High Court of Kerala at Ernakulam insofar as relating to RFA No. 247 of 2014, whereby the appeal filed by the plaintiff (respondent No. 1 herein) against dismissal of her suit for cancellation of a sale deed and for prohibitory injunction was disposed of with directions to the Trial Court to decide the suit afresh after de novo trial, essentially with the observations that the evidence necessary for proper determination of the suit had not been brought on record.

(3.) In the impugned common judgment and order dtd. 28/6/2019, the High Court has decided four appeals arising out of four different civil suits but concerning the same contesting parties and involving inter-related issues. Though, the present appeal relates only to one of those appeals in the High Court, being RFA No. 247 of 2014 that arose from OS No. 293 of 2012 in the Court of Subordinate Judge, Karunagapally (originally OS No. 390 of 2006 in the Court of Subordinate Judge, Kollam) but, for a proper comprehension of the facts, a brief reference to the subject-matter of the said four civil suits and findings therein shall be apposite. The relevant factual and background aspects could thus be noticed, in brief, as follows: