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2003 Supreme(Ker) 555

R.BASANT, K.PADMANABHAN NAIR, JAWAHAR LAL GUPTA
Kesava Pillai Sredharan Pillai – Appellant
Versus
State of Kerala – Respondent


Judgment :-

Padmanabhan Nair, J.

Is an appeal from a judgment, decree or order passed by a Judge of this Court on an appeal against the Order or Decree of a Court or Tribunal maintainable despite Section 100A of the Code of Civil procedure as amended by Act 22 of 2002? This is the core of the controversy before this Bench in these two Appeals from First Appeals filed under Section 5(ii) of the Kerala High Court Act read with Order XLII-A of the Code of Civil procedure.

2. A.F.A.83 of 2002 arises form the judgment of a learned Single Judge in Land Acquisition Appeal No.467 of 1999 of this Court. This appeal was filed against the judgment of the Subordinate Judge, Kottarakkara in L.A.R. 24 of 1989 under Section 54 of the Land Acquisition Act. The dispute was regarding apportionment of the amount. The trial court found that all claimants are entitled to a share in the amount of compensation. One of the claimants, who claimed exclusive right over the entire compensation, filed the Land Acquisition Appeal. Since the value of the subject matter of the appeal was below Rupees One Lakh, the appeal was heard and disposed of by a learned Single Judge of this Court as provided under Section 3(1




















































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