Union Of India vs Sri.Rudramuni And Ors
2023 Latest Caselaw 2970 Kant

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                                                      CP No. 200017 of 2019




                            IN THE HIGH COURT OF KARNATAKA,

                                   KALABURAGI BENCH

                          DATED THIS THE 7TH DAY OF JUNE, 2023

                                         BEFORE
                        THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA


                         CIVIL PETITION NO. 200017 OF 2019 (RES)
                   BETWEEN:

                   1.  UNION OF INDIA
                       THROUGH DEPUTY CHIEF ENGINEER
                       CONSTRUCTION, SOUTH CENTRAL RAILWAYS,
                       SECUNDERABAD (ANDHRA PRADESH) REPRESENTED
                       BY SENIR SECTION ENGINEER WORKS,
                       CONSTRUCTIONS SOUTH CENTRAL RAILWAY,
                       SECUNDRABAD.
                                                           ...PETITIONER
                   (BY SRI MANVENDRA REDDY, ADVOCATE)

Digitally signed   AND:
by RAMESH
MATHAPATI
Location: HIGH     1.   SRI.RUDRAMUNI S/O SANGAPPA,
COURT OF                AGE: MAJOR OCC:AGRICULTURE,
KARNATAKA
                        R/O KINNISADAK,
                        TQ DIST.KALABURAGI-585313.

                   2.   SRI.SIDHARUDH S/O RUDRAMANUNI,
                        AGE:MAJOR OCC:AGRICULTURE,
                        R/O KINNISADAK,
                        TQ & DIST.KALABURAGI-585313.
                   3.   SRI.RAVINDRA S/O CHANNABASAYYA
                        AGE:MAJOR OCC:AGRICULTURE,
                        R/O KINNISADAK,
                        TQ & DIST.KALABURAGI-585313.
                              -2-
                                       CP No. 200017 of 2019




4.   SMT.SARASWATIBAI BY LRS
     A) VAIJANATH S/O SHARANAYYA
     AGE:59 YEARS, OCC:AGRICUTLTURE

     B) SIDDAYYA S/O SHARANAYYA
     AGE:53 YEARS, OCC:AGRICULTURE,
     BOTH R/O KINNISADAK,
     TQ & DIST.KALABURAGI-585313.

5.   THE DEPUTY COMMISSIONER
     KALABURAGI-585102.

6.   THE ASST. COMMISSIONER AND
     LAND ACQUISITION OFFICER,
     KALABURAGI - 585102.

                                              ...RESPONDENTS

(NOTICE TO R1(a) TO R1(d) & R2, R3, R4(b), R5 AND R6 SERVED)

THIS CP IS FILED UNDER SECTION 24 OF THE CPC,

PRAYING TO WITHDRAW LACA NOS.793/2018, 794/2018,

795/2018, 796/2018 AND 797/2018 FORM I ADDL. DISTRICT

AND SESSIONS JUDGE, KALABURAGI AND TRANSFER THE

SAME TO THIS HON BLE COURT IN ORDER HEAR ALL THE

CASES IN COMMON ALONG WITH MFA NO.200989/2018 AND

200990/2018, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

CP No. 200017 of 2019

ORDERS

1. This petition is filed seeking to withdraw LACA

Nos.793 to 797 of 2018, which are pending before the I

Addl. District and Sessions Judge, Kalaburagi, to this Court

and hear the said cases along with MFA Nos.200989/2018

and 200990/2018.

2. It is contended that all these proceedings arise out of

the same notification and since the subject matter of the

cases was below Rs.10,00,000/-, some of the appeals

were preferred to the District Judge. It is stated that the

appeals pending before the District Court as well as before

this Court are against a common judgment and decree and

therefore, it would be appropriate to withdraw the appeals

which are pending before the District Judge to hear along

with pending cases before this Court.

3. In my view, this request is required to be accepted

since it would fundamentally facilitate a faster disposal of

the appeals which arise out of the common judgment.

CP No. 200017 of 2019

Consequently, the petition is allowed and LACA Nos.793 to

797 of 2018, which are pending before the I Addl. District

and Sessions Judge, Kalaburagi, are withdrawn and they

are transferred to this Court to be heard along with MFA

Nos.200989/2018 and 200990/2018.

Sd/-

JUDGE

MSR