IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1031 of 2007()
1. THE STATE OF KERALA,
... Petitioner
2. THE DEPUTY CHIEF ENGINEER,
Vs
1. SUHARABI, AGED 55, W/O.MOHAMMED,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.P.V.KUNHIKRISHNAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :23/10/2009
O R D E R
PIUS C. KURIAKOSE &
K. SURENDRA MOHAN, JJ.
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L. A. A. No.1031 of 2007
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Dated this the 23rd day of October, 2009
JUDGMENT
Pius C. Kuriakose, J
Heard both sides. It is seen that enhancement
was granted under the impugned judgment by the
learned Subordinate Judge relying on the judgment in
L.A.R.32/01 only. But, we notice that the above
judgment was set aside by this Court by common
judgment dt.25/01/08 in L.A.A.1253/05 series. For the
various reasons stated in that common judgment, the
judgment impugned in this appeal is also liable to be
interfered with. Accordingly, we set aside the
judgment and decree under appeal and remand
L.A.R.36/02 to the Subordinate Judge’s Court,
L. A. A. No.1031 of 2007 -2-
Kasaragod. The Government is directed to place a
copy of the common judgment dt.25/01/08 in
L.A.A.1253/05 before the learned Subordinate Judge.
The learned Subordinate Judge will permit both sides
to adduce further evidence if they want to and will
pass revised judgment in the case keeping in mind the
observations in the common judgment in
L.A.A.1253/05 also. Parties will appear before the
Reference Court on 13/11/09.
This appeal is thus, allowed by way of remand.
PIUS C. KURIAKOSE
JUDGE
K. SURENDRA MOHAN
JUDGE
kns/-