The Union Of India vs Indumati W/O. Ramachandra Kallur
2023 Latest Caselaw 3196 Kant

                                       -1-
                                               MFA No. 26069 of 2011




             IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

                     DATED THIS THE 13TH DAY OF JUNE, 2023

                                    BEFORE

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

            MISCELLANEOUS FIRST APPEAL NO. 26069/2011 (LAC)

            BETWEEN:

            THE UNION OF INDIA, THE ACQUIRING BODY,
            I.E., THE DEPUTY CHIEF ENGINEER,(LAW),
            S.W. RAILWAY ZONE,CLUB ROAD, HUBLI.
                                                          ...APPELLANT
            (BY SRI AJAY U. PATIL, ADVOCATE)

            AND:

            1.   INDUMATI W/O. RAMACHANDRA KALLUR,
                 AGE: ABOUT 46 YEARS, OCC: AGRICULTURE,
                 R/O: UGNIKERI, TQ: KALAGHATAGI,
                 DIST: DHARWAD.

            2.  THE DEPUTY COMMISSIONER / THE SPECIAL
                LAND ACQUISITION OFFICER, THE HUBLI-ANKOLA
Digitally       BROADGAUGE RAILWAY, ANKOLA.
signed by                                           ...RESPONDENTS
VINAYAKA
BV          (BY SRI N. S. UPADHYA, ADVOCATE FOR CAVEATOR/R1;
            LEARNED AGA FOR R2)

                 THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
            ACQISITION ACT, AGAINST THE JUDGMENT AND AWARD
            DATED 21.04.2011 PASSED IN LAC NO.59/2008 ON THE FILE
            OF THE IIND ADDITIONAL SENIOR CIVIL JUDGE, DHARWAD,
            AWARDING THE COMPENSATION OF RS. 25,000/- PER GUNTA.

                   THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY,
            THE COURT MADE THE FOLLOWING:
                              -2-
                                       MFA No. 26069 of 2011




                         JUDGMENT

Learned counsel for the appellant again prays for

time on the ground that he has to enquire whether the

award is already satisfied or not.

The order dated 12.06.2023 reads as under;

"Learned counsel for the appellant is not aware as to whether award is already satisfied or not. It is noticed that M.F.A.Crob.No. 735/2012 is already dismissed as not pressed since the award is satisfied. The appeal is of the year 2011. I do not find any reason to adjourn the matter, however, to afford a final opportunity, list this matter on 13.06.2023."

In spite of that, no ground is made out to seek

adjournment. I do not find any reason to adjourn the

matter. Hence, appeal is dismissed for default i.e., for

non-prosecution.

SD/-

JUDGE

RH