(1.) The question that has come up for consideration before us is as to whether an appeal shall lie to a Bench of Two Judges under S.5(ii) of the Kerala High Court Act, 1958 against the judgment and decree of a learned single Judge rendered under S.54 of the Land Acquisition Act, 1894.
(2.) Appeal was preferred against the judgment in L.A.A. 101 of 1990 under S.5(ii) of the Kerala High Court Act along with a petition under S.5 of the Limitation Act for condoning the delay of 899 days in filing the appeal. When the delay petition came up for hearing before a Division Bench, Bench expressed doubt as to whether the appeal itself would be maintainable.
(3.) According to the learned Judges, S.54 of the Land Acquisition Act does not provide a further appeal to the Division Bench against the judgment and decree of the learned Single Judge. It was stated, S.54 provides only one appeal to the High Court and a further appeal to the Supreme Court. Since several second appeals are pending before the Division Bench it was felt that the matter requires an authoritative pronouncement by a Full Bench. Accordingly the matter was placed before the Full Bench.
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