The Manager vs Leema Natal Baik Kom Santan
2023 Latest Caselaw 10939 Kant

Karnataka High Court

The Manager vs Leema Natal Baik Kom Santan on 18 December, 2023

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

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                                                NC: 2023:KHC-D:14815
                                                  MFA No. 100075 of 2020




                         IN THE HIGH COURT OF KARNATAKA
                                 DHARWAD BENCH

                    DATED THIS THE 18TH DAY OF DECEMBER, 2023

                                       BEFORE

                 THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR

                 MISCELLANEOUS FIRST APPEAL NO.100075/2020 (LAC)

            BETWEEN:

            A.P.M.C. SIDDAPUR,
            DIST: NORTH KANARA,
            REPRESENTED BY ITS SECRETARY.
                                                              ...APPELLANT
            (BY SRI VISHWANTH HEGDE, ADVOCATE)

            AND:

                  LEEMA NATAL BAIK KOM SANTAN,
                  DECEASED BY HER LRS.

            1.    DUMING SANTAN LEEMA,
                  AGE:77 YEARS, OCC: X-SERVICEMAN,
                  R/O: APMC ROAD, TQ: SIDDAPUR,
                  DIST: UTTARA KANNADA - 581 329.

Digitally   2.    THE SPECIAL LAND
signed by         ACQUISITIION OFFICER,
SUJATA            SIRSI - 581 401,
SUBHASH
PAMMAR            DIST: UTTARA KANNADA.
                                                          ...RESPONDENTS

                  THIS MISCELLANEOUS FIRST APPEAL IS FILED U/SEC.54(1)
            OF LAND ACQUISITION ACT, 1894, PRAYING TO SET ASIDE THE
            JUDGMENT AND AWARD DATED 27.02.2019 PASSED BY THE
            LEARNED PRL. SENIOR CIVIL JUDGE AND PRL. JMFC, SIRSI,
            ITINERARY COURT AT SIDDAPUR, IN LAC NO.08/2012, BY
            ALLOWING THIS APPEAL AND ETC.,

                 THIS APPEAL COMING ON FOR ORDERS THIS DAY, THE COURT
            PASSED THE FOLLOWING:
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                                     NC: 2023:KHC-D:14815
                                       MFA No. 100075 of 2020




                          ORDER

The subject matter of the appeal is only 00.07 annas

of land. The reference Court determined its market value

at Rs.2,50,040/-.

2. The beneficiary being aggrieved by the

determining of Rs.35,720/- per anna as it is on higher

side, filed the appeal. Therefore, the appeal being valued

at Rs.3,49,718/-, is not maintainable in this Court.

Therefore office objection is sustained and thus the appeal

is dismissed as not maintainable.

3. However, liberty is reserved to the appellant to

file appeal before the District Court. Whatever time spent

in prosecuting this appeal is excluded as per section 14 of

the Limitation Act.

4. Registry to refund the entire Court fee paid in

this appeal, to the appellant.

5. The certified copies produced along with the

memorandum of appeal shall be returned to the appellant

NC: 2023:KHC-D:14815

by keeping a copy of the same in this appeal at the cost of

appellant.

SD/-

JUDGE

MRK

CT-ASC