P.K. Balasubramanyan, J.

This appeal sought to be filed under S.5 of the Kerala High Court Act is by the State of Kerala which feels aggrieved by the dismissal of an appeal filed by it as L.A.A. 930 of 1997 under S.54 of the Land Acquisition Act read with O. XLIR.1 of the Code of Civil Procedure. When the appeal came up for admission the Division Bench before which it came entertained a doubt whether an appeal under S.5 of the Kerala High Court Act would lie against the decree passed by this Court in an appeal under S.54 of the Land Acquisition Act. The State relied upon a decision of a Full Bench in A.F.A. 109 of 1994 reported as Premavally v. State of Kerala (1998 (1) KLT 822) in support of its position that an appeal under S.5 of the High Court Act was maintainable. The Division Bench having felt that some aspects require a deeper examination referred the question to a Full Bench. That is how this appeal has come up before the Full Bench.

2. S.26 of the Land Acquisition Act in sub-s.2 thereof provides that every award passed under Part III of the Land Acquisition Act shall be deemed to be a decree as defined in S.2(2) of the Code of Civil Procedure and the grounds of e