Santha vs The Special Tahsildar (La No.1) on 11 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA App No. 528 of 2004()


1. SANTHA W/O. SREEDHARAN, PACHACKAL
                      ...  Petitioner
2. SREEJA, PACHACKAL NERAVATH,
3. BINDU, PACHACKAL NERAVATH,
4. SINDHU, PACHACKAL NERAVATH,
5. BIJU, PACHACKAL NERAVATH,
6. BEENA, PACHACKAL NERAVATH, CHEVAYUR

                        Vs



1. THE SPECIAL TAHSILDAR (LA NO.1),
                       ...       Respondent

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :11/10/2007

 O R D E R
          KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
               -----------------------------------------
                      L.A.A. NO. 528 OF 2004
               -----------------------------------------
           Dated this the 11th day of October, 2007.

                         J U D G M E N T

Kurian Joseph, J.

This is an appeal filed by the claimants against the

judgment and decree in L.A.R. No. 449/1999 on the file of the

Sub Court, Kozhikode.

2. Learned Government Pleader submits that the appeal

filed by the State has already been disposed of by remanding the

L.A.R. to the reference court and the matter is now posted before

that court on 16.10.2007.

In that view of the matter, we do not think it necessary to

consider this appeal. Hence, this appeal is also disposed of

setting aside the judgment and decree and remitting the matter

to the reference court. Parties are at liberty to adduce fresh

evidence. Since the appeal is remanded, the appellants are

entitled to refund of the court fee.

KURIAN JOSEPH
JUDGE

HARUN-UL-RASHID
JUDGE
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