IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI WEDNESDAY, THE 3RD JUNE 2009 / 13TH JYAISHTA 1931 LA.App..No.335 of 2008 (C) -------------------------------- LAR.506/1997 of ADDL.SUB COURT,KOLLAM .................... APPELLANT: RESPONDENT ------------------------------- STATE OF KERALA, REP. BY THE DISTRICT COLLECTOR, KOLLAM. BY SR. GOVERNMENT PLEADER SRI.P.K.BABU RESPONDENT/CLAIMANT IN THE LAR -------------------------------------------- RAMAN PILLAI, SIVASANKARA PILLAI, SUNDARA VILASOM, KOTTAKKAKOM, THRIKKADAVOOR VILLAGE. ADV. SRI.VINOY VARGHESE KALLUMOOTTILL THIS LAND ACQUISITION APPEAL HAVING BEEN FINALLY HEARD ON 03/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PIUS C. KURIAKOSE & P. Q. BARKATH ALI, JJ. ------------------------------------------------ L. A. A. No.335 of 2008 ------------------------------------------------ Dated this the 3rd day of June, 2009 JUDGMENT Pius C. Kuriakose, J It is fairly conceded by Sri.Vinoy Varghese Kallumoottil, the counsel for the respondent that the judgment and decree impugned in this appeal has been substituted by the learned Sub Judge himself by another judgment and decree under which it is a lesser amount which has been awarded to the claimant by way of compensation. Under the above circumstances, we are of the view that this appeal need not be entertained. This appeal will stand dismissed as unnecessary. The execution court is directed not to execute the decree which is impugned in this appeal since the executable decree is the L. A. A. No.335 of 2008 -2- subsequent decree passed by the court. PIUS C. KURIAKOSE JUDGE P. Q. BARKATH ALI JUDGE kns/-