IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN MONDAY, THE 24TH NOVEMBER 2008 / 3RD AGRAHAYANA 1930 WP(C).No. 34484 of 2008(E) ----------------------------------- PETITIONER : ---------------- RAJEEV S/O.KUNJU KRISHNA PILLAI KRISHNA NIVAS BUNGLOW, NEENDAKARA MURI NEENDAKARA VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.K.RAMACHANDRAN RESPONDENTS : ------------------- 1. R.BHASMA KUMAR, S/O.RAMADAS CHETTIYAR, CHELLATHIL, SAKTHIKULANGARA CHERRY, KOLLAM. 2. V.JAYA, CHEMBALASSERIL, KOTTAKKAKOM WARD,KOLLAM DISTRICT. 3. K.PONNAMMA, D/O.KALYANI, KUNNEL THOPPIL, NEENDAKARA MURI, NEENDAKARA,KOLLAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------- W.P(c) No. 34484 of 2008 ---------------------------- Dated this the 24th day of November, 2008 JUDGMENT It is brought to my notice by the learned counsel for petitioner that the petitioner had preferred F.A. O. No. 250 of 2008 against the judgment in A.S. No.37 of 2006 and F.A.O. No.253 of 2008 against the judgment in A.S. No.43 of 2006 of the District Court, Kollam and this court has modified the judgment of the appellate court and made it clear in the common judgment in F.A.Os. No.250 and 253 of 2008 that the remand made by the First Appellate Court is an open remand and that the parties are entitled to adduce additional evidence as well in support of their respective contentions. In view of the said direction given by this court, the order of the first appellate court on I.A. No.1204 of 2008 in A.S. No.37 of 2006 and 43 of 2006 allowing correction of the decree and judgment therein shall stand set aside. The trial court shall consider the matter afresh as this court has by judgment and F.A.Os. made mention of above, modified the remand to be an open remand. This writ petition is disposed of with the above direction. The petitioner may produce a copy of this judgment in the court W.P(c) No. 34484 /2008 2 below with notice to the respondents as this writ petition is being disposed of without notice to the respondents. K.P. BALACHANDRAN, JUDGE scm