Dulappa Tammanna Kudari vs The S.L.A.O
2022 Latest Caselaw 3026 Kant

          IN THE HIGH COURT OF KARNATAKA,
                   DHARWAD BENCH

       DATED THIS THE 22ND DAY OF FEBRUARY 2022

                          PRESENT

        THE HON'BLE MR. JUSTICE S.G. PANDIT

                            AND

 THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

                MFA No.101448/2016 (LAC)

BETWEEN
1.  SRI.DULAPPA TAMMANNA KUDARI
    AGE: MAJOR, OCC: AGRICULTURE,
    R/O: ATHANI, TQ: ATHANI.
2.   SRI.TAVANAPPA TAMMANNA KUDARI
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O: ATHANI, TQ: ATHANI.
3.   SRI.SHIVAPPA TAMMANNA KUDARI
     AGE: MAJOR, OCC: AGRICULTURE,
     R/O: ATHANI, TQ: ATHANI.
4.   SRI.SHRIMANT TAMMANNA KUDARI,
     R/O: ATHANI, TQ: ATHANI.
     DEAD BY HIS LRS,
     4A) SMT.PADMAVATI W/O SHRIMANT KUDARI
     AGE: 60 YEARS,
     OCC: HOUSEHOLD WORK,
     S/O SANKONATTI,
     TQ: ATHANI, DIST: BELAGAVI.
     4B) SRI.MAHAVEER SHRIMANT KUDARI
     AGE: 40 YEARS,
     OCC: AGRICULTURE,
     S/O SANKONATTI,
     TQ: ATHANI, DIST: BELAGAVI.
     4C) SHRI.BHAGAWANT SHRIMANT KUDARI
     AGE: 38 YEARS,
     OCC: AGRICULTURE,
     S/O SANKONATTI,
     TQ: ATHANI, DIST: BELAGAVI.
                                 2



      4D) SMT.SUSHILAWWA W/O DHANAPAL TERADAL
      AGE: 36 YEARS,
      OCC: AGRICULTURE,
      S/O HOSATTI,
      TQ: ATHANI, DIST: BELAGAVI.
      4E) SHRI.GIRMALLA SHRIMANT KUDARI
      AGE: 34 YEARS,
      OCC: AGRICULTURE,
      S/O SANKONATTI,
      TQ: ATHANI, DIST: BELAGAVI.
      4F) SMT.SHALAWWA W/O ANNAPPA NAIK
      AGE: 32 YEARS,
      OCC: AGRICULTURE,
      S/O SANKONATTI,
      TQ: ATHANI, DIST: BELAGAVI.
      4G) SHRI.MAHABAL SHRIMANT KUDARI
      AGE: 30 YEARS, OCC: AGRICULTURE,
      S/O SANKONATTI,
      TQ: ATHANI, DIST: BELAGAVI.
      4H) SHRI.KUMAR SHRIMANT KUDARI
      AGE: 28 YEARS, OCC: AGRICULTURE,
      S/O SANKONATTI,
      TQ: ATHANI, DIST: BELAGAVI.
                                                   ...APPELLANTS
(BY SMT.ARCHANA A MAGADUM, ADVOCATE)
[




AND

1 . THE S.L.A.O.,
    HIPPARAGI, PROJECT,
    ATHANI 591304.

2 . THE EXECUTIVE ENGINEER
    KARNATAKA NIRAVARI NIGAM
    NIYAMIT, ATHANI.
    591304
                                                 ...RESPONDENTS
(BY SRI.G.K.HIREGOUDAR, GOVT. ADVOCATE FOR R1,
 SRI.UMESH C AINAPUR, ADVOCATE FOR R2)

       THIS APPEAL IS FILED U/SEC.54(1) OF LA ACT 1894, AGAINST
THE    JUDGMENT    AND    AWARD    DTD:18.04.2015   PASSED   IN
LAC.NO.859/2011 ON THE FILE OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC., ATHANI, PARTLY ALLOWING THE REFERENCE
PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
                                  3



    THIS APPEAL COMING ON FOR ORDERS, THIS DAY, S.G.
PANDIT J., DELIVERED THE FOLLOWING:

                           ORDER

By peremptory order dated 25.01.2017 this Court

dismissed the appeal for non compliance of office

objections, which also included non payment of Court fee.

On an applications i.e., I.A. No.1/2017 and 2/2017 this

Court by order dated 09.11.2017 recalled the order dated

25.01.2017 by imposing cost of Rs.500/-. Further, this

Court observed that the appellant shall comply the office

objections within two weeks failing which to list the matter

for dismissal before the Court.

When the matter was listed on 24.06.2020, again it

was adjourned. Today the matter is listed for non

compliance of order dated 09.11.2017. Even though the

other office objections are complied, the appellant is yet to

comply with the office objections by paying Court fee as

well as by filing application for condonation of delay. Since

the order dated 09.11.2017 was conditional, wherein this

Court ordered that failing to comply with the office

objections within two weeks to list this appeal for dismissal

before the Court and as the appellant has failed to comply

with the office objections and to pay Court fee for more

than 5 years, there is no justification to grant further time.

Accordingly, appeal dismissed for non-compliance as

well as for non-payment of Court fee.

Pending applications, if any, do not survive for

consideration and accordingly, they are disposed of.

Sd/-

JUDGE

Sd/-

JUDGE SSP