Shri.Obaleppa Shankareppa Arer @ ... vs The Special Land Acquisition ...
2023 Latest Caselaw 4269 Kant

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                                              NC: 2023:KHC-D:7011
                                               MFA No. 103550 of 2015




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                     DATED THIS THE 11TH DAY OF JULY, 2023

                                     BEFORE

                       THE HON'BLE MRS. JUSTICE M.G.UMA

            MISCELLANEOUS FIRST APPEAL NO.103550/2015 (LAC)

            BETWEEN:

            SHRI OBALEPPA SHANKAREPPA ARER @ MARATHE,
            AGE:MAJOR, R/O:TIGADI,
            TAL:BAILHONGAL, DIST:BELAGAVI.
                                                     ...APPELLANT
            (BY SRI VENKATESH M. KHARVI, ADVOCATE)

            AND:

            1.   THE SPECIAL LAND ACQUISITION OFFICER,
                 MALAPRABHA PROJECT, SOUNDATTI,
                 DIST:BELAGAVI.

            2.   THE EXECUTIVE ENGINEER,
                 M.L.B.C.C. DIVISION NO.02,
                 NAVILUTHEERTH, TAL:SAUNDATTI,
Digitally        DIST:BELAGAVI.
signed by
VINAYAKA                                             ...RESPONDENTS
BV
                 THIS MFA IS FILED UNDER SECTION 54(1) OF LAND
            ACQUISITION ACT, MODIFYING THE JUDGMENT AND AWARD
            DATED 20.08.2004, PASSED IN LAC NO.19/1999 ON THE FILE
            OF THE CIVIL JUDGE (SR.DN.) BAILHONGAL, PARTLY
            ALLOWING THE REFERENCE PETITION FILED UNDER SECTION
            18(1) OF LAND ACQUISITION ACT.


                   THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE
            COURT MADE THE FOLLOWING:
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                                         NC: 2023:KHC-D:7011
                                           MFA No. 103550 of 2015




                              ORDER

Learned counsel for the appellant prays for time.

The order sheet dated 29.05.2023 reads as under:

"Learned counsel for the appellant prays for time to comply with the office objections.

Office has raised as many as 11 objections. Inspite of listing the matter for 11th time, the same are not being complied with. I do not find any reason to adjourn the matter, since the learned counsel for the appellant undertakes to comply with the office objections within a day or two, I deem it appropriate to adjourn the matter subject to the cost, offering an opportunity to the appellant to do the needful.

The appellant should deposit cost of Rs.1,000/- with Advocates' Association Library Fund, High Court of Karnataka, Dharwad and comply with the office objections before the next date of hearing, failing which, list this matter for dismissal of the appeal."

In spite of that, learned counsel for the appellant has

not complied with the office objections. Hence, the appeal is

dismissed for default i.e., for non-prosecution.

SD/-

JUDGE

RH