Devan Ramachandran, J.

It is conceded before us today by Sri.Jaffar Khan –

learned Senior Government Pleader, that the impugned judgment was taken in appeal by the Requisitioning Authority, leading to a judgment - a copy of which has been placed on record as Annexure I. He added that, against Annexure I, the said Authority has moved the Hon'ble Supreme Court, to obtain a stay - a copy of which is produced as Annexure II.

2. It is thus obvious that the impugned judgment is already under challenge by the Requisitioning Authority. A separate appeal by the State of Kerala perhaps was not necessary; but we do not propose to speak on it affirmatively.

3. As matters now stand, this matter is pending before the Hon'ble Supreme Court and we do not think that it is necessary for us to consider this matter on its merits, particularly when the judgment to be delivered by the Hon'ble Supreme Court will govern all parties, including the Government of Kerala.

In the afore circumstances, this appeal is closed;

however, reserving liberty to the appellants to seek a rehearing, depending upon the decision to be taken by the Hon'ble Supreme Court in future, if it is found necessary.

Sd/