IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 28TH NOVEMBER 2007 / 7TH AGRAHAYANA 1929 LA.App. No. 1471 of 2002 ------------------------------- LAR.188/1998 of II ADDL.SUB COURT,TRIVANDRUM .................... APPELLANT: -------------- INDIRA KUMARI, D/O. VANAJAKSHI, AGED 44, SREELEKSHMI COLOUR PRINTERS, NEDUMOM, KOVALAM, THIRUVANANTHAPURAM. BY ADV. SRI. G.S. REGHUNATH RESPONDENTS/CLAIMANT & RESPONDENT: --------------------------------------------------- 1. V. VASANTHAKUMARI, MARUTHARA VILA VEEDU, KUNDAMAN BHAGOM, VALIYA VILA, THIRUMALA P.O. 2. STATE OF KERALA, REP.BY THE DISTRICT COLLECTOR, TRIVANDRUM. BY ADV. SRI.L.MOHANAN SMT.LIGEY ANTONY THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 28/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & HARUN-UL-RASHID, JJ. ----------------------------------------- L.A.A. NO. 1471 OF 2002 ----------------------------------------- Dated this the 28th day of November, 2007. J U D G M E N T Kurian Joseph, J. This is an appeal filed against the judgment and decree in L.A.R. No. 188/1998 on the file of the II Additional Sub Court, Thiruvananthapuram. The appellant is one of the co-owners of the property. It is submitted that her entitlement to share in the property is declared in the common judgment in O.S. 209/1996 on the file of the II Additional Sub Court, Thiruvananthapuram. It is further submitted that in L.A.R. Nos. 171 and 172 of 1998, in view of the decree referred to above, the appellant was allowed to receive her share. However, this crucial aspect was not taken note of by the reference court while passing the judgment under appeal, presumably for the reason that the appellant is not a party to the reference proceedings. We note that despite a request by the Land Acquisition Officer, the appellant was not impleaded by the reference court. L.A.A. 1471/02 2 2. We set aside the judgment and decree in L.A.R. No. 188/1998, remitting the matter to the reference court with a direction to implead the appellant herein as an additional respondent in the reference and other co-owners if any. KURIAN JOSEPH JUDGE HARUN-UL-RASHID JUDGE smp L.A.A. 1471/02 3 KURIAN JOSEPH & HARUN-UL-RASHID, JJ. L.A.A. NO. 1471 OF 2002 J U D G M E N T 28.11.2007