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Moran Mar Baselious Marthoma Mathews Ii vs State Of Kerala on 28 January, 2003

The Apex Court in Moran M. (supra) ruled that the High Court committed manifest error, in exercise of its writ jurisdiction, in going into disputed questions of title when the same were pending consideration before the competent civil courts. In this case although proceedings before the Tribunal is pending, there is no dispute as regards title. Neither have the petitioners disputed the title of the private respondents in respect of the disputed lands nor is the fact that the petitioners are bargadars of such lands disputed at this stage. The cited decision is therefore clearly distinguishable on facts.
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