Vithal And Ors vs The Special Land
2023 Latest Caselaw 5237 Kant

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                                                    NC: 2023:KHC-K:6110
                                                     MFA No. 200852 of 2022




                             IN THE HIGH COURT OF KARNATAKA,
                                     KALABURAGI BENCH

                          DATED THIS THE 3RD DAY OF AUGUST, 2023
                                           BEFORE
                          THE HON'BLE MR. JUSTICE RAVI V HOSMANI

                        MISCL. FIRST APPEAL NO. 200852 OF 2022 (LAC)

                   BETWEEN:
                   1.   SRI. VITHAL
                        S/O JETTAPPA JATTEPPAGOL @ ASKI,
                        AGED ABOUT 61 YEARS, OCC: AGRICUTURE,

                   2.   SRI. MUTTAPPA,
                        S/O JETTAPPA JATTEPPAGOL @ ASKI,
                        AGED MAJOR, OCC: AGRICULTURE,

                   3.   SRI. KARIYAPPA
                        S/O JETTAPPA JATTEPPAGOL @ ASKI,
                        AGED MAJOR, OCC: AGRICULTURE,

                        ALL ARE R/O ARESHANKAR,
                        TQ: B.BAGEWADI,
                        DIST: VIJAYAPURA-586212.

                                                                ...APPELLANTS
Digitally signed
by SACHIN
Location: HIGH
                   (BY SMT. RATNA N SHIVAYOGIMATH, ADVOCATE)
COURT OF
KARNATAKA          AND:
                        THE SPECIAL LAND ACQUISITION OFFICER,
                        UKP, ALAMATTI, TQ. BASAVANABAGEWADI,
                        DIST. VIJAYAPURA-586203.

                                                                ...RESPONDENT

                        THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
                   ACQUISITION ACT, PRAYING TO ALLOW THIS APPEAL BY
                   MODIFYING THE JUDGMENT AND AWARD DATED 03.04.2019
                   PASSED BY SENIOR CIVIL JUDGE, BASAVANABAGEWADI, IN
                   LAC.NO.60/2015 AND AWARD COMPENSATION AS PRAYED IN
                   THE REFERENCE APPLICATION, IN THE INTEREST OF JUSTICE
                   AND EQUITY.
                               -2-
                                    NC: 2023:KHC-K:6110
                                     MFA No. 200852 of 2022




      THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
COURT DELIVERED THE FOLLOWING:

                        JUDGMENT

In view of valuation of subject matter of appeal is

Rs.2,35,726/-, which is below ten lakhs, appeal before this

Court would not be maintainable.

Learned counsel for appellants fairly submitted that

appeal may be dismissed as withdrawn with liberty to file

it before appropriate Forum.

In view of above submission, appeal is dismissed

with liberty as sought for.

If appeal is filed within a period of four weeks from

today, appellants would be entitled for benefit under

Section 14 of Limitation Act.

Registry to return certified copies by replacing same

with photostat copy forthwith.

Sd/-

JUDGE

GRD