Sri Mariyappa Dead By Lrs vs Special Land Acquisition Officer
2024 Latest Caselaw 4073 Kant

Karnataka High Court

Sri Mariyappa Dead By Lrs vs Special Land Acquisition Officer on 9 February, 2024

Author: H.P.Sandesh

Bench: H.P.Sandesh

                                               -1-
                                                           NC: 2024:KHC:5565
                                                       MFA No. 3745 of 2018




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 9TH DAY OF FEBRUARY, 2024

                                            BEFORE

                             THE HON'BLE MR JUSTICE H.P.SANDESH

                   MISCELLANEOUS FIRST APPEAL NO. 3745 OF 2018 (LAC)

                   BETWEEN:

                   1.     SRI MARIYAPPA
                          DEAD BY LRS

                   1(a) LAKSHMAMMA,
                        W/O LATE MARIYAPPA,.
                        AGED ABOUT 65 YEARS,

                   1(b) SMT. DRAKSHAYINAMMA
                        D/O LATE MARIYAPPA,
                        AGED ABOUT 45 YEARS,

                   1(c) SRI UMESH
                        S/O LATE MARIYAPPA,
                        AGED ABOUT 40 YEARS,

Digitally signed   1(d) SMT. ANUSUYA
by SHARANYA T
Location: HIGH          D/O LATE MARIYAPPA,
COURT OF                AGED ABOUT 39 YEARS,
KARNATAKA
                   1(e) SMT. VISHALA
                        D/O LATE MARIYAPPA,
                        AGED ABOUT 38 YEARS,

                          ALL ARE RESIDING
                          AT KODIHALLY VILLAGE,
                          CHANNARAYAPATNA
                                                               ...APPELLANTS

                          (BY SRI. SHARADAMBA A.R., ADVOCATE [ABSENT])
                                -2-
                                              NC: 2024:KHC:5565
                                          MFA No. 3745 of 2018




AND:

1.   SPECIAL LAND ACQUISITION OFFICER
     HEMAVATHI RESERVOIR PROJECT,
     HASSAN
                                                  ...RESPONDENT

     THIS MFA IS FILED U/S.54(1) OF THE LAND
ACQUISITION ACT, AGAINST THE JUDGMENT AND DECREE
DT.28.03.2017, PASSED IN LAC.NO.28/2014, ON THE FILE OF
THE SENIOR CIVIL JUDGE AND JMFC., CHANNARAYAPATNA,
PARTLY ALLOWING REFERENCE FILED BY THE PETITION FOR
SEEKING ENHANCEMENT OF COMPENSATION AMOUNT.

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

                           JUDGMENT

Learned counsel for the appellants is absent.

2. This appeal is of the year 2018 and learned counsel

for the appellants has not complied with the office objections by

paying the deficit Court fee and this Court has considered the

request of learned counsel for the appellants for compliance of

the office objections from 2018 to 2023. Even on 26.10.2023

also, learned counsel for the appellants prayed further time to

comply with the office objections and finally, four weeks time

was granted to pay the deficit Court fee and till date, deficit

Court fee is not paid. Hence, there are no grounds to adjourn

NC: 2024:KHC:5565

the matter once again which is of the year 2018 and learned

counsel for the appellants is not pursuing the matter diligently

Accordingly, the appeal is dismissed.

Sd/-

JUDGE

ST