IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 643 of 2008()
1. OUSEPH DEVASSY (DIED)
... Petitioner
2. ANNAMKUTTY, W/O.ANTHONY (DIED)
3. VAREETH VITHAYATHIL, KADUKULANGARA
4. DEVASY VITHAYATHIL, DO.......DO..
5. ELSY, W/O.KUNJUMAON, CHITTERN
6. MARY, W/O.PAPPU, VITHAYATHIL
7. DAVID, S/O.PAPPU, VITHAYATHIL
8. JOHNSON, S/O.PAPPU, DO......DO..
9. PAPPU, S/O.PAPPU, DO...... DO..
Vs
1. STATE OF KERALA REP. BY
... Respondent
For Petitioner :SMT.ROSE MICHAEL
For Respondent : No Appearance
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :04/04/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID,JJ.
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LAA NO.643 OF 2008
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Dated this the 4th day of April 2008
JUDGMENT
Kurian Joseph, J.
This is an appeal filed by the legal
representatives of the claimants in LAR 18/2003 on the
file of the Sub Court, North Paravoor. It is brought to our
notice that when the reference court answered the
reference on 20.12.2006, B-claimant had also expired
and the legal representatives were not on the party
array. Therefore, the matter will have to be considered
afresh by the reference court. Consequently we set aside
the judgment in LAR 18/2003 on the file of the Sub
Court, North Paravoor. The parties shall appear before
the reference court on 2.6.2008. The appellants shall
take steps to implead the legal representatives of B-
claimant also, on the date of appearance.
In view of the remand as above, the
appellants shall be entitled to refund the court fee. It is
LAA 643/2008 2
also made clear that this is an open remand and hence it
will be open to the parties to adduce fresh evidence. This
reference shall be answered within another four months.
KURIAN JOSEPH, JUDGE
HARUN-UL-RASHID, JUDGE
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