Citation : 2024 Latest Caselaw 15206 Kant
Judgement Date : 1 July, 2024
1
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
REVIEW PETITION NO.200034 OF 2021
BETWEEN:
THE MANAGING DIRECTOR
RAICHUR AGRICULTURE
PRODUCE MARKETING AND
PROCESSING CO-OPERATIVE
SOCIETY LTD.
RAICHUR.
...PETITIONER
(BY SRI. DESHPANDE G.V., ADVOCATE)
AND:
1. SRI C. RAMACHANDRAPPA
S/O TIPPANNA
AGED ABOUT 56 YEARS,
OCC.AGRICULTURE,
R/O RAICHUR-584 101.
Digitally signed by
ARUNKUMAR M S
Location: High 2. THE SPECIAL LAND ACQUISITION OFFICER
Court of Karnataka
ASSISTANT COMMISSIONER,
RAICHUR-584 101.
...RESPONDENTS
THIS RP IS FILED UNDER ORDER XLVII RULE 1 READ
WITH SECTION 114 OF CPC, PRAYING TO ALLOW THIS
REVIEW PETITION AND SET ASIDE THE JUDGMENT AND
AWARD DATED 06-11-2020 PASSED IN MSA NO. 1175/2013
(LAC), AND TO PASS ANY OTHER APPROPRIATE ORDERS AS
2
DEEMED NECESSARY IN FACTS AND CIRCUMSTANCES OF THE
CASE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. Heard learned counsel appearing for the petitioner.
2. In this Petition, petitioner is seeking review of the order
dated 06.11.2020 in MSA No.1175/2013.
3. Having heard the learned counsel appearing for the
petitioner wherein petitioner has stated that the appeal was
preferred by the claimant during 2017 and thereafter appeal
was dismissed and restored during 2017 and interest for the
said period has to be considered in this Revision Petition.
4. Having taken note of the factual aspects on record, it is
expedient to state that such submission should have been
made at the time of restoring of the appeal during 2017 and
further, since there is no such order passed by this Court while
restoring the order during 2017, I do not find any merit in the
submission made by the learned counsel appearing for the
petitioner.
5. Accordingly, the Review Petition is dismissed as there is
no error apparent on the face of the record under S.114 of the
CPC and in view of declaration of law made by Hon'ble
Supreme Court in the case of SRI RAM SAHU DEAD BY
LEGAL REPRESENTATIVES AND OTHERS Vs. VINOD
KUMAR RAWAT AND OTHERS reported in (2021) 13 SCC 1.
SD/-
JUDGE
sac
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