The Court dismissed a Land Acquisition Appeal filed with a delay of 1713 days because no appeal was filed against the relied upon judgment of the Additional Sub Judge, rendering condonation of delay unnecessary. The appeal and delay petition were dismissed.
The Land Acquisition Appeal and the delay petition were dismissed.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 7TH FEBRUARY 2007 / 18TH MAGHA 1928 LA.App..No. 99 of 2007(D) ------------------------LAR.247/1996 of II ADDL.SUB COURT,TRIVANDRUM ....................
APPELLANT: RESPONDENT IN THE LAR
STATE OF KERALA, REP. BY DISTRICT COLLECTOR, THIRUVANANTHAPURAM.
RESPONDENTS: CLAIMANTS 2 TO 10 IN THE LAR
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 07/02/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & K.T.SANKARAN, JJ.
C.M.Appln.136/07 & L.A.A.No.99 of 2007
Dated 7th February, 2007.
J U D G M E N T
Kurian Joseph, J.
There is a delay of 1713 days in filing the appeal. It is brought to our notice that there is no appeal against the relied on judgment in L.A.R.No.24/95 on the file of the Additional Sub Judge, Thiruvananthapuram. Hence, it is not necessary to condone the delay and consider the appeal on merits. We
dismiss the delay petition as well as the appeal.
KURIAN JOSEPH, JUDGE.
K.T.SANKARAN, JUDGE.
tgs
KURIAN JOSEPH & K.T.SANKARAN, JJ
L.A.A. NO. OF 2004
J U D G M E N T
Dated 7th February, 2007.
1 issue framed by the court
Whether the Land Acquisition Appeal should be admitted despite a delay of 1713 days when no appeal was filed against the relied upon judgment?
State of Kerala, Rep. by District Collector, Thiruvananthapuram
Claimants 2 to 10 in the LAR
Kurian Joseph
K.T. Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
