State Of Kerala Rep.By The … vs Ittoop Thomas on 9 October, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

LA.App..No. 1851 of 2008()


1. STATE OF KERALA REP.BY THE DISTRICT
                      ...  Petitioner

                        Vs



1. ITTOOP THOMAS, S/O.ITTOOP, OZHATHIL
                       ...       Respondent

                For Petitioner  :ADDL.ADVOCATE GENERAL

                For Respondent  :SRI.G.SREEKUMAR (CHELUR)

The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN

 Dated :09/10/2009

 O R D E R
               PIUS C. KURIAKOSE &
             K. SURENDRA MOHAN, JJ.
    ------------------------------------------------
             L. A. A. No.1851 of 2008
    ------------------------------------------------
      Dated this the 9th day of October, 2009

                     JUDGMENT

Pius C. Kuriakose, J

Service is complete. It is brought to our notice

that this Court by judgment in L.A.A.520/04 interfered

with the judgment which was passed by the Reference

Court in a connected matter and remanded the LAR in

that case to the Reference Court. Following the

decision we have taken in L.A.A.520/04, we set aside

the judgment and decree under appeal and remand

L.A.R.7/02 to the Sub Court, Thodupuzha. The Sub

Court is directed to afford opportunity to both sides to

adduce whatever evidence they want to and to pass

the revised judgment on the basis of the entirety of

L. A. A. No.1851 of 2008 -2-

evidence which comes on record.

The appeal is thus, allowed by way of remand.

PIUS C. KURIAKOSE
JUDGE

K. SURENDRA MOHAN
JUDGE
kns/-