IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 FAO.No. 250 of 2008() --------------------- AS.37/2006 of D.C. & SESSIONS COURT,KOLLAM .................... APPELLANT:APPELLANT:PLAINTIFF: ------------------------------------------------------- RAJEEV, S/O.KUNJU KRISHNA PILLAI, KRISHNA NIVAS BUNGLOW, NEENDAKARA M URI, NEENDAKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.K.RAMACHANDRAN SMT.R.MEERA RESPONDENTS:RESPONDENTS:DEFENDANTS: ----------------------------------------------------------------------- 1. BHASMA KUMAR, S/O.RAMADAS CHETTIYAR, CHELLATHIL, SAKTHIKULANGARA CHERRY, KOLLAM. 2. V.JAYA, CHEMBALASSERIL, KOTTAKKAKOM WARD, KOLLAM DISTRICT. 3. K.PONNAMMA, D/O.KALYANI, KUNNEL THOPPIL, NEENDAKARA MURI, NEENDAKARA, KOLLAM DISTRICT. THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 15/10/2008 ALONG WITH F.A.O.NO.253 OF 2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== FAO Nos.250 & 253 OF 2008 ===================== Dated this the 15th day of October 2008 JUDGMENT FAO 250/2008 is preferred against the judgment in A.S.No.37 of 2006 and FAO No.253 of 2008 is preferred against the judgment in A.S.No.43 of 2006 of the District Court, Kollam. A perusal of the judgment would show that the suit is one for permanent prohibitory injunction. The real dispute between the parties is with respect to the boundaries. The trial court dismissed the suit on technical ground that the adjoining owners are not made parties. The appellate court held that on a perusal of the materials that their junction is not necessary and therefore the court should have entertained the cases on merits and decide the matter. The appellate court also made certain observations regarding the correctness of the boundaries, etc. 2. A perusal of the judgment would reveal that it has not gone in depth to consider those matters to decide whether a particular line is the boundary or not. Now what is required is a complete consideration of the materials available before the trial court to decide the question. Therefore, FAOs 250 & 253/2008 -:2:- I modify the judgment of the appellate court and make it clear that it is an open remand and the parties are entitled to adduce additional evidence as well in support of their respective contentions. The appellant is directed to appear before the trial court on 25.11.2008 and on that day the court below shall issue notice to the other side fixing their date of appearance and thereafter proceed to dispose of the matter in accordance with law. FAOs are disposed of as above. M.N.KRISHNAN, JUDGE Cdp/-