IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 1413 of 2007()
1. THE STATE OF KERALA,
... Petitioner
2. THE DISTRICT COLLECTOR, KASARAGOD.
3. THE DEPUTY CHIEF ENGINEER,
Vs
1. SAFIYA, D/O. ABDULLA,
... Respondent
For Petitioner :GOVERNMENT PLEADER
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :01/12/2009
O R D E R
PIUS C. KURIAKOSE & K.SURENDRA MOHAN, JJ.
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L.A.A. No. 1413 of 2007 C
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Dated this the 1st day of December, 2009
J U D G M E N T
Pius C. Kuriakose, J.
Service is declared completed. There is no
appearance for the respondent before the Court.
2. It was relying on Ext.A1 that the reference court
granted enhancement under the impugned judgment. It is pointed
out by the learned senior Government Pleader that Ext.A1 was set
aside by this Court by judgment in L.A.A.Nos.308, 323 and 394 of
2009 dated 14-09-2009 and the reference cases covered by
Ext.A1 were remanded back to the reference court.
3. Since Ext.A1 is set aside, we are of the view that the
impugned judgment is also liable to be set aside. We set aside
the impugned judgment and decree and remand L.A.R. No.6/2002
back to the Sub Court, Kasaragod. That court is directed to afford
an opportunity to both sides to adduce whatever evidence they
want to. The learned Sub Judge is directed to pass revised
LAA.1413/07
: 2 :
judgment within three months of the first posting of the case, after
copy of this judgment is made available before that court.
(PIUS C. KURIAKOSE, JUDGE)
(K.SURENDRA MOHAN, JUDGE)
aks