STATE OF KERALA vs MOHAMMED KUNHI(D)BY LRS. . — C.A. No. 2311/1999

Case under Section XI-B. Status: Disposed.

Disposed

CNR: SCIN010157411998

Filing Date

06-Oct-1998

Registration No

C.A. No. 2311/1999

Diary Number

15741/1998

Order Date

24-Aug-2004

Document Type

ROP - of Main Case

Disposal Type

Dismissed

Last updated 07-Jun-2026

Acts & Sections

Section XI-B

Petitioner(s)

  1. 1.STATE OF KERALA

    Adv. RAMESH BABU M. R.

Respondent(s)

  1. 1.MOHAMMED KUNHI(D)BY LRS. .

    Adv. E. M. S. ANAM

Case History

  1. Case disposedDisposed

  2. 24-Aug-2004

    ROP - of Main CaseView PDF

  3. 12-Jul-2004

    ROP - of Main CaseView PDF

  4. 06-Apr-2004

    ROP - of Main CaseView PDF

  5. 06-Oct-1998

    Case filed

    Registration No. C.A. No. 2311/1999

casestatus.in Summary

Summary of C.A. No. 2311/1999 - State of Kerala v. Mohammed Kunhi Outcome: The Supreme Court allowed Kerala's appeal and set aside the High Court's judgment with no costs. The Court held that the High Court erred in reversing the concurrent findings of both lower courts that the plaintiff failed to prove adverse possession over the disputed property, finding no substantial question of law arose. Key Finding: The High Court impermissibly reappreciated evidence regarding exhibits A2-A4 beyond the scope of Section 100 CPC, when the two courts below had properly rejected these documents as genuine on account of late production and absence from the original plaint. Direction: Respondents may approach the State Government to request land access to the National Highway at its discretion, provided it does not affect public purposes and respondents lack alternative access. This case analysis is maintained by casestatus.in based on publicly available court records.

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