Kerala High Court
Poulo Paulose vs State Of Kerala on 22 February, 2008
Author: Kurian Joseph
Bench: Kurian Joseph, Harun-Ul-Rashid
IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA App No. 337 of 2006(D)
1. POULO PAULOSE,
... Petitioner
2. PAULOSE, S/O. LATE POULO PAULOSE,
3. ELSY, D/O. LATE POULO PAULOSE,
4. JOSE, S/O. LATE POULO PAULOSE,
5. ROSILY, D/O. LATE POULO PAULOSE,
6. SEBASTIAN, S/O. LATE POULO PAULOSE,
Vs
1. STATE OF KERALA,
... Respondent
2. THE REGISTRAR,
For Petitioner :SRI.K.P.DANDAPANI (SR.)
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :22/02/2008
O R D E R
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. NO. 337 OF 2006
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Dated this the 22nd day of February, 2008
JUDGMENT
Kurian Joseph, J.
This appeal is filed against the judgment and decree in L.A.R. No.116 of 1999 on the file of the Additional Sub Court, North Paravur.
The connected and related matters have already been remanded by this Court by judgment dated 18.10.2007 in L.A.A. No.299 of 2004 and connected cases. In the said common judgment it has been stated that the remand is in view of the judgment in L.A.A. No.1065 of 2003 remitting L.A.R. No.521 of 1998 to the reference court.
2. Accordingly, we set aside the judgment and decree in this case also and remit the matter to the reference court for fresh consideration with liberty to the parties to adduce fresh evidence. We direct the reference to court to dispose of the reference within four months from the date of appearance of the parties. The parties shall appear before the reference court on 1.4.2008.
L.A.A.NO.3376/2006 2In view of the remand, the appellants are entitled to refund of the court fee.
(KURIAN JOSEPH, JUDGE) (HARUN-UL-RASHID, JUDGE) sp/ L.A.A.NO.3376/2006 3 KURAIN JOSEPH & HAURN-UL-RASHID, JJ.
L.A.A. NO.337/2006JUDGMENT 22ND FEBRUARY, 2008