IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 18TH MARCH 2010 / 27TH PHALGUNA 1931 RFA.No. 258 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN CMCP.60/2006 OS.44/2000 of I ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT/DEFENDANT: --------------------------------------- ISMAIL PILLAI, AGED 51 YEARS, S/O.KASIM KUNJU, M.H.S.HOUSE, MELEVILA MANIYAKULANGARA, MAZHUVADI MURI, NEDUMANGAD TALUK. BY ADVS. MR. MOHAN JACOB GEORGE MS. P.V.PARVATHI MS. REENA THOMAS MR. AJESH. M.R. RESPONDENT(S)/PLAINTIFF: ----------------------------------------- 1. ABDUL SALAM, AGED 49,S/O.ABUBACKER, AGED 52, SHEESH MANZIL, ATTINKUZHIYIL, VETTURKAD,VADAKKUM- BHAGAM MURI, KAZHAKUTTAM, MENAMKULAM VILLAGE,NOW WORKING AT POST BOX NO.8653,ABHUDAHABI,U.A.E,REP. BY P/A HOLDER,MOHAMMED RAFEEQ,S/O.HAJI.K.AHAMMED PILLAI,R/AT.ATINKUZHIYIL,KAZHAKUTTAM,MENAMKULAM(V) (DIED) *ADDL.RESPONDENTS 2 TO 5: 2. BEENA, AGED 45 YRS, W/O.ABDUL SALAM, RESIDING AT SHEESH MANZIL, ATTINKUZHIYIL, VETTURKAD,VADAKKUM- BHAGAM MURI, KAZHAKUTTAM, THIRUVANANTHAPURAM. 3. SAMNA, D/O.ABDUL SALAM, AGED 17 YRS.,RESIDING AT DO- DO- REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN, BEENA. 4. SABIN SALAM, S/O ABDUL SALAM, AGED 14 YRS. RESIDING AT DO- DO- REPRESENTED BY HIS MOTHER AND NATURAL GUARDIAN, BEENA. 5. RESHNA SALAM, S/O ABDUL SALAM, AGED 12 YEARS, RESIDING AT DO- REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN, BEENA. (* IMPLEADED VIDED ORDER DT.4.11.08 IN I.A.2639/08 IN CMCP.60/06) ADV. MR. N.R.SURESH KUMAR FOR ADDL.R2 THIS REGULAR FIRST APPEAL HAVING BEEN FINALLY HEARD ON 18/03/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RFA.258/09 ORDER ON I.A.4485 OF 2008 IN RFA.258 OF 2009 DISMISSED. SD/- PIUS C. KURIAKOSE, JUDGE. SD/- C.K. ABDUL REHIM, JUDGE. 18.3.2010 okb /True copy/ P.A. to Judge PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- R.F.A. No.258 of 2009 ---------------------------------- Dated this the 18th day of March, 2010 J U D G M E N T ---------------------- Pius C.Kuriakose,J. Both sides agree that the impugned judgment and decree can be set aside and suit can be remitted back to the 1st Additional Sub Court, Thiruvananthapuram giving opportunity to both sides to adduce whatever further evidence they want to. In view of the agreement between the parties we set aside the judgment and decree and remand O.S.44/2000 to the 1st Additional Sub Court, Thiruvananthapuram. Parties will enter appearance before that court on the day the court re-opens after summer holidays. Learned Subordinate Judge will offer opportunities to all the parties to adduce whatever further evidence they want to. Learned Sub Judge will pass revised judgment early and at any rate within four months of commencement of fresh trial after parties entering appearance. The appeal is allowed as above by way of remand but without any order as to costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb