IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 912 of 2009()
1. STATE OF KERALA, REP. BY THE DISTRICT
... Petitioner
Vs
1. PRASANNA MADHAVAN NAIR, T.C. 6/1613(3)
... Respondent
2. THE SECRETARY, TRIDA, THIRUVANANTHAPURAM
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.M.RAJAGOPALAN NAIR
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice C.K.ABDUL REHIM
Dated :11/08/2010
O R D E R
PIUS C. KURIAKOSE & C.K.ABDUL REHIM, JJ.
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LAA. No. 912 of 2009
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Dated this the 11th day of August, 2010
J U D G M E N T
Pius C.Kuriakose, J.
It is brought to our notice that Ext.A3, which was relied
on by the Reference Court, has been set aside by this Court
by judgment in LAA. No. 1363 of 2008. We notice from the
impugned judgment that it was relying mainly on A3 that
the Reference Court granted the enhancement under the
impugned judgment. Since A3 has been set aside, we are
of the view that the impugned judgment is liable to be set
aside. Accordingly, we set aside the impugned judgment
and decree and remand LAR. No. 215 of 2005 to the Sub
Court, Thiruvananthapuram. The learned Sub Judge is
directed to take a fresh decision after affording opportunity
to the parties to adduce whatever further evidence they
want to.
(PIUS C.KURIAKOSE, JUDGE)
(C.K.ABDUL REHIM, JUDGE)
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