IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1025 of 2009()
1. STATE OF KERALA, REP. BY THE
... Petitioner
Vs
1. N.A.MOHAMMAD KUNHI,
... Respondent
2. P.A.NAFEESA, W/O.LATE ABDHULLA KUNHI,
3. N.A.ASHRAF, S/O.LATE ABDHULLA KUNHI,
4. N.A.ABIDALI, S/O.LATE ABDHULLA KUNHI,
5. N.A.MOHAMMED ALIAS UMBU,
6. THE DEPUTY CHIEF ENGINEER (CONSTRUCTION)
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.IMTHIYAZ AHAMED
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :12/10/2009
O R D E R
PIUS C.KURIAKOSE & K.SURENDRA MOHAN, JJ.
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L.A.A.No.1025 OF 2009
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Dated this the 12th day of October, 2009
JUDGMENT
Pius C.Kuriakose, J.
It is submitted by the learned Government Pleader
Smt.Latha T.Thankappan and fairly conceded by the learned
counsel for the claimants that in view of the judgment of this
court in L.A.A. No.308/2009 pertaining to another case relating
to the same acquisition, the impugned judgment will have to be
interfered with and the case remanded to the Sub Court,
Kasaragod. A copy of the judgment in L.A.A. 308/2009 is placed
before us. We are of the view that for the reasons stated in that
judgment, the impugned judgment is liable to be interfered with.
2. Accordingly, we set aside the judgment and decree
under appeal and remand L.A.R. No. 78/2001 to the Sub Court,
Kasaragod. The claimants/respondents are directed to place a
copy of the judgment in L.A.A. No. 378/2009 also before the
Reference Court. The Reference Court will pass revised judgment
after giving opportunity to both sides for adducing whatever
further evidence they want to. Revised Judgment will be passed
L.A.R..No.1025/2009 2
on the basis of the entirety of the evidence which comes on
record and keeping in mind the observation of this court in L.A.A.
No. 308/2009. The Reference Court will consolidate L.A.R. No.
78/2001 with all other connected matters pending before that
court and will pass revised judgment within the time frame fixed
in the judgment in L.A.A. No.308/2009.
PIUS C.KURIAKOSE,JUDGE
K.SURENDRA MOHAN, JUDGE
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