STATE OF KERALA vs MOHAMMED KUNHI(D)BY LRS. . — C.A. No. 2311/1999
Case under Section XI-B. Status: 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
Petitioner(s)
-
1.STATE OF KERALA
Adv. RAMESH BABU M. R.
Respondent(s)
-
1.MOHAMMED KUNHI(D)BY LRS. .
Adv. E. M. S. ANAM
Case History
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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