IN THE HIGH COURT OF KERALA AT ERNAKULAM
LA.App..No. 155 of 2011()
1. RUBBEENA, D/O.MAMMED KUTTY,
... Petitioner
Vs
1. THE SPECIAL TAHSILDAR, (LA) KOYILANDY,
... Respondent
2. THE EXECUTIVE ENGINEER, P.W.D. ROADS
For Petitioner :SRI.N.SUBRAMANIAM
For Respondent : No Appearance
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.BHAVADASAN
Dated :14/02/2011
O R D E R
PIUS C. KURIAKOSE &
P. BHAVADASAN, JJ.
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C. M. Application No.311 of 2011 &
L. A. A. No.155 of 2011
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Dated this the 14th day of February, 2011
JUDGMENT
Pius C. Kuriakose, J
This is an application seeking condonation of the delay
of 678 days caused in the matter of instituting the appeal.
Ordinarily, we would have condoned the delay imposing
proper terms on the appellant/petitioner. But it is very fairly
brought to our notice by Sri.M.S.Narayanan, the learned
counsel for the appellant that the impugned common
judgment was appealed against by various other claimants
and at that time the present appellant had not challenged
the same. The appeals filed by the other claimants were
allowed by way of remand and the Reference Court has
granted enhancement under the revised judgments. The
revised judgments have become final as appeals preferred
L. A. A. No.155 of 2011 -2-
against them have been dismissed by this Court.
Entertaining this appeal (the learned counsel fairly points
out) will amount to allowing the appellant to get away from
the effect of the revised judgment and also the judgment of
this Court confirming the revised judgment under which the
benefits have not been given to the appellant. In view of the
facts stated by Sri.Narayanan, we find no way to entertain
this appeal. This appeal will stand rejected. Refund the court
fee already remitted on the appeal memorandum to the
counsel for the appellant.
PIUS C. KURIAKOSE
JUDGE
P. BHAVADASAN
JUDGE
kns/-
