IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA THURSDAY, THE 10TH JANUARY 2008 / 20TH POUSHA 1929 RP.No. 7 of 2008() IN L.A.A.NO.691/1999 ------------------ AGAINST THE JUDGEMENT/ORDER IN LAA.691/1999 Dated 26/05/2003 .................... REVIEW PETITIONER/APPELLANT: -------------------------------------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.NOBLE MATHEW RESPONDENT: CLAIMANT: --------------------- AGNESS, KAKKARA HOUSE, NETTOOR. BY THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 10/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- R.P.NO.7 OF 2008 IN L.A.A.NO.691 OF 1999 & C.M.APPLN.NO.4 OF 2008 IN R.P.NO.7 OF 2008 ------------------------------------- Dated 10th January, 2008 JUDGMENT Koshy,J . Appeal in this case was dismissed consequent to the dismissal of the delay condonation petition and delay condonation petition was dismissed as abated. Appeal was filed against the judgment and decree in L.A.R.No.82/1995 and notice was ordered and it was returned with the endorsement that 'respondent expired'. No steps were taken to implead the respondents. On 26.5.2003 the following order was passed by this Court: “Notice was issued on 10.2.2000. It was returned stating that respondent expired. No steps were taken to implead the legal representatives. When the case was posted on 11.4.2003, the appellant was directed to take steps. Even now no steps were taken. This petition is, therefore, dismissed as abated.” Consequently appeal was dismissed by the judgment in review. This petition is filed with a delay of 1117 days in filing the review petition making the dead person as the respondent. We see no ground to R.P.NO.7 OF 008 IN L.A.A.No.691 OF 1999 2 condone the long delay in filing the review petition. Hence delay condonation petition is dismissed. Consequently, review petition is also dismissed. It is submitted that in some other cases regarding the very same acquisition, impugned awards were set aside and remanded. We make it clear that dismissal of the case is not a resjudicata, as this case was dismissed as abated and not on merits. J.B.KOSHY JUDGE K.HEMA JUDGE prp