The court dismissed an application to condone a 114-day delay in filing a land acquisition appeal and consequently dismissed the appeal itself, as the impugned judgment had already become final.
C.M. application to condone delay dismissed; underlying appeal dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID
TUESDAY, THE 13TH NOVEMBER 2007 / 22ND KARTHIKA 1929
LA.App..No. 959 of 2003()
------------------------LAR.146/1999 of ADDL.SUB COURT,KOTTAYAM
APPELLANT: RESPONDENT
STATE OF KERALA.
BY GOVERNMENT PLEADER SMT.LATHA THANKAPPAN
RESPONDENTS: CLAIMANTS
---------------------SREEDHARAN P.I., S/O. KUNJAN, MEDACKALIL, AYMANAM.
BY
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 13/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No.959 of 2003 & C.M.Appln.No.387 of 2003
Dated this the 13th day of November, 2007
JUDGMENT
Kurian Joseph,J.
C.M.Appln.No.387/2003 is an application to condone the delay of 114 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No.146/1999. It is seen that the relied on judgment has become final in view of the judgment in L.A.A.No.1289/2002. Therefore, the application for condonation of delay and the appeal are dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
ahg.
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A.No. 959 of 2003 & C.M.Appln.No.387 of 2003
JUDGMENT
13th November, 2007
1 issue framed by the court
Whether an application to condone delay in filing a land acquisition appeal is maintainable after the impugned judgment has become final.
STATE OF KERALA
SREEDHARAN P.I.
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
