IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 18TH OCTOBER 2011 / 26TH ASWINA 1933 LA.App..No. 783 of 2010() ------------------------- LAR.62/2006 of ADDL.SUB COURT,KOLLAM .................... APPELLANT/RESPONDENT LAR --------------------------------------------- STATE OF KERALA REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER SRI.C.R.SHYAM KUMAR RESPONDENT/CLAIMANT IN LAR ----------------------------------------------- KULSOM BEEVI, NAZEEM MANZIL, ASRAMAM, KOLLAM-2. THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK PIUS C.KURIAKOSE & C.K.ABDUL REHIM,JJ. ------------------------------- LAA.NO. 783 of 2010 --------------------------------- Dated this the 18th day of October, 2011 JUDGMENT Pius C.Kuriakose,J. In this appeal applications are filed by the Government seeking impleadment of the legal heirs of the deceased claimant as well as for setting aside the abatement and also for condonation of delay have been filed. Sri. C.R.Shyam Kumar, learned Government Pleader points out that the impugned judgment and decree are nonest as they have been passed in favour of Kulsom Beevi who was already dead and gone at the time when the learned Subordinate Judge passed the judgment. In view of the above submission which we are inclined to accept as correct we are not inclined to examine the various contentions or even to issue notice in the applications filed. We direct the learned Subordinate Court, Kollam, the reference court to examine the above aspect of the matter and to do the needful, so that the reference is answered afresh with the legal heirs of the claimant respondent on the array of parties. Appeal is LAA.783/2010 2 disposed of with the above direction without examining the merits of the grounds. PIUS C. KURIAKOSE,JUDGE C.K.ABDUL REHIM,JUDGE pmn/ LAA.783/2010 3