The High Court dismissed a petition for condonation of delay in filing a land acquisition appeal and subsequently dismissed the appeal. The delay was found to be 933 days, and the appeal was barred by limitation.
The application for condonation of delay was dismissed; the land acquisition appeal was 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
FRIDAY, THE 15TH FEBRUARY 2008 / 26TH MAGHA 1929
LA.App.No. 1374 of 2007 -----------------------------LAR.40/2001 of SUB COURT, KASARAGOD
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APPELLANTS/RESPONDENTS
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1. THE STATE OF KERALA, REP. BY SPECIAL TAHSILDAR, (LAND ACQUISITION) RAILWAY, KASARAGOD.
2. THE DISTRICT COLLECTOR, P.O.VIDYANAGAR, KASARAGOD.
3. THE DEPUTY CHIEF ENGINEER, (CONSTRUCTION) SOUTHERN RAILWAY, KANNUR.
BY GOVERNMENT PLEADER SMT. K.R. DEEPA. SRI. N.B. SUNIL NATH
RESPONDENTS: CLAIMANT
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V.V.RUGMINI, W/O.P.P.KRISHNAN, KRISHNA NIVAS, NEAR G.L.P.SCHOOL, UDMA, KASARAGOD DISTRICT, HOSDURG TALUK.
BY ADV. SRI.T.K.VIPINDAS
THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 15/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
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L.A.A. No. 1374 OF 2007
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Dated this the 15th day of February, 2008.
J U D G M E N T
Kurian Joseph, J.
C.M.Appln.No.1595/2007: This is a petition to condone the
delay of 933 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No.40/2001 on the file of the Sub Court, Kasaragod. Acquisition is for the purpose of Railways.
for condonation of delay and the appeal are dismissed.
I.A.No. 3419/2007: Dismissed.
KURIAN JOSEPH JUDGE
HARUN-UL-RASHID JUDGE
smp
1 issue framed by the court
Whether the petition for condonation of delay in filing an appeal against an acquisition judgment be allowed.
STATE OF KERALA
V.V.RUGMINI
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
