This judgment dismisses a limited application to condone delay in filing a land acquisition appeal. The Court held that as the appeal has become final on merits in a prior decision, both the condonation application and the main appeal are dismissed.
Condotionation of delay is denied; Appeal L.A.A. No. 272 of 2005 is 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
MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929
LA.App..No. 272 of 2005(C)
-------------------------LAR.179/1999 of PRL.SUB COURT,KOTTAYAM
APPELLANT: RESPONDENT
STATE OF KERALA
BY GOVERNMENT PLEADER SRI. K.V. MANOJ KUMAR
RESPONDENTS: CLAIMANTS
BY //
THIS LAND ACQUISITION APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
KURIAN JOSEPH & HARUN-UL-RASHID, JJ.
L.A.A. NO. 272 OF 2005 &
C.M. APPLICATION NO.372 OF 2005
Dated this the 25th day of February, 2008
JUDGMENT
Kurian Joseph, J.
C.M. Application No.372 of 2005 is an application to condone the delay of 799 days in filing the appeal. The appeal is filed against the judgment and decree in L.A.R.No. 179 of 1999 on the file of the Principal Sub Court, Kottayam. Acquisition is for the construction of a parallel road to M.C. Road. On merits it is seen that the relied on judgment has become final in L.A.A. No.902 of 2002. Therefore, the application and the appeal are dismissed. I.A. No. 775 of 2005 is also dismissed.
(KURIAN JOSEPH, JUDGE)
(HARUN-UL-RASHID, JUDGE)
sp/
KURAIN JOSEPH & HAURN-UL-RASHID, J.J
L.A.A. .NO.272/2005
JUDGMENT
25TH FEBRUARY, 2008
2 issues framed by the court
Whether delay in filing land acquisition appeal can be condoned thereby admitting the appeal.
Whether dismissal of condonation application leads to dismissal of the underlying appeal when merits have been finally decided.
STATE OF KERALA
OUSeph ULAHANNAN
ULAHANNAN MARIAM
KURIAN JOSEPH
HARUN-UL-RASHID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
