2001 (5) TMI 982

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..... eave granted. 3. The impugned judgment was rendered by a learned Single Judge of the High Court of Kerala in a second appeal. Respondent filed a suit for declaration of title and injunction restraining the Defendant from constructing any building in the open space alleged to be abutting a temple. The trial Court dismissed the suit. The First Appellate Court confirmed the judgment and decree passe .....

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..... has now challenged in the appeal. 5. Both sides have advanced several contentions in the appeal petition as also in the counter-affidavit filed. We refrain from expressing any opinion on the merits of the case as we propose to remit the second appeal for disposal afresh. We have noted that the learned Single Judge has not formulated any question of law, much less any substantial question of law, .....

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..... law. In the interest of justice, we feel that the second appeal can be disposed of by the High Court afresh after affording a reasonable opportunity to both sides. If any question of law could be so discerned it has then to be decided whether it is substantial enough for acquiring jurisdiction Under Section 100 of the Code of Civil Procedure. 7. With these observations this appeal is disposed of .....

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