THE HON’BLE SRI JUSTICE V. ESWARAIAH And THE HON’BLE SRI JUSTICE NOUSHAD ALI A.S.No.2696 of 1999 JUDGMENT: (Per Hon’ble Sri Justice V. Eswaraiah) This appeal, under Section 54 of the Land Acquisition Act, 1894, (for short ‘the Act’) by the Land Acquisition Officer-cum-Special Collector, L.A. Y.R.P. Unit-3, Peddapuram, is directed against the order dated 26.03.1999 passed in O.P.No.223 of 1990 on the file of the II Additional District Jude, East Godavari at Rajahmundry. This Court by order dated 6.04.2006 granted six weeks time for taking steps to bring the legal representatives of the deceased first respondent/claimant on record, in default the main appeal against the first respondent would stand dismissed. Though the said order was passed nearly four years ago, so far, the appellant has not taken any steps to comply with the conditional order. Thus the order passed in O.P.No.223 of 1990 has become final against the first respondent/claimant. Since the award passed by the lower Court cannot be separated for some of the claimants, as the same arose out of the same notification, the entire appeal is liable to be dismissed against the other claimants also, in view of the judgment of the Supreme Court in Papanna v. State of Karnataka[1] wherein it has been held that if the legal representatives are not brought on record, the decree being the common to all, the claimants being indivisible, the appeal stands dismissed against all. Further, the fixation of market value by the lower Court at the rate of Rs.13,000/- per acre as against Rs.10,000/- for Ac.0.50 cents, Rs.7,000/- for Ac.5.50 cents and Rs.3,000/- per acre for Ac.1.65 cents fixed by the Land Acquisition Officer for the different categories of land, has become final against the above claimants. Therefore, we are of the opinion that when once the said judgment has become final against one of the claimant, this appeal is liable to be dismissed against the other claimants also, since the other claimants are also entitled to the very same compensation as the lands are covered by the very same notification and Award. Accordingly the appeal stands dismissed against rest of the claimants also. There shall be no order as to costs. _________________ V. ESWARAIAH, J. ______________ NOUSHAD ALI, J. 8th September, 2010 Js. [1] (1996) 1 SCC 291