IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1486 of 2008()
1. THE SPECIAL TAHSILDAR (LA) NH-1,
... Petitioner
Vs
1. KALAPARAMBATH RADHAKRISHNAN,
... Respondent
2. KALAPARAMBATH VELAYUDHAN,
3. KALAPRAMBATH PADMAVATHY,
4. KALAPARAMBATH RAJAN,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.T.R.RAVI
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.Q.BARKATH ALI
Dated :29/06/2009
O R D E R
PIUS.C.KURIAKOSE & P.Q.BARKATH ALI, JJ.
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L.A.A.No.1486 OF 2008
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Dated this the 24th day of June, 2009
JUDGMENT
Pius.C.Kuriakose, J.
The Registry reports that L.A.A.No.76/2002 preferred against Ext.A4
was allowed by this court by passing an order of remand. Since it was
placing reliance on Ext.A4 that enhancement was granted by the reference
court under the impugned judgment, it becomes necessary to set aside the
impugned judgment and pass an order of remand. Accordingly, the
judgment and decree under appeal are set aside. L.A.R.No.6/99 is remanded
to the reference court. The reference court will take a fresh decision after
giving opportunity to both sides to adduce further evidence. While taking
decision, that court will have due regard to the judgment of this court in
L.A.A.No.76/2002, a copy of which will be furnished by the claimant and
also of any revised judgment which has been passed by the reference court
pursuant to the order of remand in L.A.A.No.76/2002.
PIUS.C.KURIAKOSE
JUDGE
P.Q.BARKATH ALI
JUDGE
sv.