IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 16TH JUNE 2010 / 26TH JYAISTHA 1932 LA.App..No. 280 of 2004(D) ------------------------------- LAR.25/2001 of II ADDL.SUB COURT,THRISSUR .................... APPELLANT(S): CLAIMANT: ------------------------------ THOMAS, AGED 59, S/O. OUSEPH, MALIAKKAL HOUSE, WADAKANCHERRY P.O., THRISSUR DISTRICT. BY ADV. SRI.D.SREEKUMAR RESPONDENT(S): RESPONDENT: ------------------------------------ STATE OF KERALA, REPRESENTED BY DISTRICT COLLECTOR, THRISSUR. GOVERNMENT PLEADER SMT.R.BINDU THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 16/06/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & C. K. ABDUL REHIM, JJ. ------------------------------------------------ L. A. A. No.280 of 2004 ------------------------------------------------ Dated this the 16th day of June, 2010 JUDGMENT Pius C. Kuriakose, J It is brought to our notice that LAA.220/04 decided by this Court on 19/06/09 is a connected matter and that, that appeal was allowed by way of remand. Sri.D.Sreekumar, the learned counsel for the appellant submits that the appellant did not get sufficient opportunity to adduce evidence for proving his title over the land as well as the building in question. He pleaded for opportunity. We are of the view that there is justification for affording further opportunity to the appellant for substantiating his claims by adducing evidence. Hence, we set aside the judgment and decree L. A. A. No.280 of 2004 -2- under appeal and remand LAR.25/01 to the Additional Subordinate Judge's Court, Thrissur. We direct that court to afford opportunities to all parties in the LAR to adduce whatever further evidence they want to. Fresh decision will be taken by that court on the basis of the entirety of the evidence which comes on record. The learned Subordinate Judge is directed to complete the enquiry and pass revised judgment at the earliest and at any rate within five months of receiving copy of this judgment. This appeal is thus, allowed by way of remand. PIUS C. KURIAKOSE JUDGE C. K. ABDUL REHIM JUDGE kns/-