IN THE HIGH COURT OF KERALA AT ERNAKULAM
FAO.No. 212 of 2007()
1. P.A. MOIDU HAJI, S/O. ABDULLA,
... Petitioner
Vs
1. THE SPECIAL TAHSILDAR,
... Respondent
For Petitioner :SRI.SUBHASH CYRIAC
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON
Dated :23/01/2009
O R D E R
KURIAN JOSEPH & P.R. RAMACHANDRA MENON, JJ.
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F.A.O. No.212 OF 2007
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Dated this the 23rd day of January, 2009.
J U D G M E N T
Kurian Joseph, J.
This is an appeal filed against the order dated 07.04.2007 in
I.A.No.6/2007 in L.A.R.No.14/2003 on the file of the Sub Court,
Hosdurg. The claimant is the appellant. On the ground that the
claimant-appellant was absent before the reference court,
the reference was answered against the claimant, in the absence
of any evidence, by judgment dated 25.11.2006 in
L.A.R.No.14/2003. Thereafter, it is seen that the claimant filed
I.A.No.6/2007 under Order IX Rule 9 of the Code of Civil
Procedure to restore the reference into file. The said application
was dismissed and hence the appeal.
2. Though we fully endorse the view taken by the reference
court with regard to the conduct of the claimant before the
reference court, having regard to the fact that the reference has
F.A.O.212/07 2
not been answered on merits, the judgment has to be set aside
either in a regular appeal before this Court or in these
proceedings. In order to avoid multiplicity of proceedings, we
feel that it will be only in the interests of justice that the
appellant-claimant is given an opportunity before the reference
court to adduce evidence, on terms.
Accordingly, we set aside the order dated 07.04.2007 in
I.A.No.6/2007 in L.A.R.No.14/2003 and the judgment dated
25.11.2006 in L.A.R.No.14/2003 on the file of the Sub Court,
Hosdurg. The appellant shall appear before the reference court
on 03.03.2009. The appellant-claimant as well as the respondent
shall be given a fresh opportunity to adduce evidence.
Thereafter, the reference shall be answered within another three
months. We make it clear that in the event of any enhancement
being granted, the appellant-claimant shall not be entitled for
interest at the rate of 15% from 25.11.2006 to the date of the
judgment passed by the reference court as above. The appellant
will produce a copy of this judgment before the reference court
F.A.O.212/07 3
within a period of two weeks from today and he will also serve a
copy on the Government Pleader appearing for the respondent
before the reference court.
The appeal is disposed of as above.
KURIAN JOSEPH
JUDGE
P.R. RAMACHANDRA MENON
JUDGE
smp
F.A.O.212/07 4
KURIAN JOSEPH &
P.R. RAMACHANDRA MENON, JJ.
F.A.O. No. 212 OF 2007
J U D G M E N T
23.01.2009