IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 SA.No. 899 of 1994(F) ------------------------------ AS.127/1990 DISTRICT COURT, PALAKKAD, OS.36/1986 OF ADDL. SUB COURT, PALAKKAD .................... APPELLANTS/ RESPONDENTS/ DEFENDANTS: ------------------------------------------------------------------- 1. THE GOVT. OF KERALA, REPRESENTED BY THE SECRETARY, WATER AND POWER DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SUPERINTENDING ENGINEER, SIRUVANI PROJECT CIRCLE, PALAKKAD. 3. THE DEPUTY TAHSILDAR (REVENUE RECOVERY), KUNNATHUNADU, PERUMBAVOOR, ERNAKULAM. BY GOVERNMENT PLEADER RESPONDENT/ APPELLANT/ PLAINTIFF: ---------------------------------------------------------- R.P. THOMAS, S/O. PAILY, P.W.D. CONTRACTOR, KARAVATTUKUZHIVELIL HOUSE, PANCODE .P.O., VADAVUCODE, AIKARANAD NORTH VILLAGE, KUNNATHUNADU TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.K.GOPALAKRISHNA KURUP, ADV. SRI.P.K.BALAKRISHNAN NAIR. THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 04/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== S.A. NO.899 OF 1994 =========================== Dated this the 4th day of January, 2008 JUDGMENT This appeal is filed against the judgment in O.S.36/1986 on the file of Sub Court, Palakkad as modified in A.S.127/1990 on the file of District Court, Palakkad. Challenging the very same judgment plaintiff has filed S.A.598/1994. Appellants herein were the respondents therein. After hearing the learned counsel appearing for respondent herein, who was the appellant therein and learned Government pleader who was appearing for the appellants herein who were the respondents in S.A.598/1994, as per judgment dated 5.7.2007 this court has already confirmed the judgment in A.S.127/1990. When that appeal was heard, learned Government pleader did not point out that this appeal is pending, challenging the same judgment. The factum of this appeal was not brought to the notice of this court while the other appeal was S.A.899/1994 2 heard. As S.A.598/1994 was disposed after hearing both the appellants and respondents and confirming the impugned judgment, this appeal can only be dismissed. The appeal is therefore dismissed. No costs. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- S.A..NO.899 /1994 --------------------- JUDGMENT 4TH JANUARY,2008