MOHANLAL Vs. STATE OF KERALA

JUDGEMENT

(1.) By reference order dated 3.10.2017, a Division Bench of this Court had doubted the correctness of decisions in L.A.A. Nos. 251 of 2011, 645 of 2012 and 919 of 2009.

(2.) The short facts arising in the case are as under:

(3.) When the appeal came up for admission it was pointed out by the learned Government Pleader that the entire matter has been settled out of court in Lok Adalat Case No. 1532 of 2011 and therefore the appeal is not maintainable. The Division Bench which heard the appeal observed that, since the amount decreed has been settled in full and final settlement towards the claim in the land acquisition, the appeal and the petition to condone delay are not maintainable, especially in the light of section 96 (3) of the Code of Civil Procedure. The Division Bench also doubted the earlier view of this Court in L.A.A. Nos. 251 of 2011, 645 of 2012 and 919 of 2009.