AYSHA Vs. A M HUSSAINAR

JUDGEMENT

(1.) Leave granted.

(2.) The appellants are plaintiffs in the suit for partition and separate possession. The trial Court, after framing the issues, decreed the suit. Aggrieved, the defendants filed the appeal before the High Court of Kerala. By the impugned order, the High Court remitted the matter back to the trial Court for fresh consideration with specific reference to Exhibit B-3. Exhibit B-3 is the registered settlement deed which the respondent/defendant relies on.

(3.) The High Court, in our considered view, ought not to have remitted the matter after setting aside the judgment and decree of the trial Court. While doing so, the High Court found that the respondent did not adduce sufficient evidence in support of Exhibit B-3. Such an approach cannot be countenanced.