Karnataka High Court
Smt Chikkamma Since Dead By Her Lrs Smt. ... vs The Special Land Acquisiton Officer on 5 June, 2024
Author: K.Somashekar
Bench: K.Somashekar
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NC: 2024:KHC:19265-DB
MFA No. 290 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JUNE, 2024
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
MISCELLANEOUS FIRST APPEAL NO. 290 OF 2023 (LAC)
BETWEEN:
SMT. CHIKKAMMA
SINCE DEAD BY HER LRS
1. SMT. LALITHAMMA
W/O. CHANNEGOWDA,
AGED ABOUT 62 YEARS,
R/AT KARIKATTIHALLI VILLAGE
CHATNAHALLI POST,HALEBEEDU HOBLI,
BELUR TALUK, HASSAN - 577225.
2. SMT. PARVATHAMMA,
W/O. RUDREGOWDA
AGED ABOUT 58 YEARS
Digitally signed by
AASEEFA PARVEEN R/AT HOSAMANEHALLI VILLAGE
Location: HIGH
COURT OF
BENNUR POST, BELUR TALUK,
KARNATAKA HASSAN - 587 207.
3. SMT. YELLAMMA,
W/O LATE LOKEGOWDA
AGED ABOUT 58 YEARS
R/AT KARIKATTIHALLI VILALGE
CHATNAHALLI POST, HALEBEEDU HOBLI,
BELUR TALUK, HASSAN - 577 225.
...APPELLANTS
(BY SRI. K.G. SADASHIVAIAH, ADVOCATE)
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NC: 2024:KHC:19265-DB
MFA No. 290 of 2023
AND:
1. THE SPECIAL LAND ACQUISITON OFFICER,
H.R.P-2, OFFICE OF THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
HASSAN - 573 201.
2. THE DEPUTY COMMISSIONER
HASSAN DISTRICT,
HASSAN - 573 201.
...RESPONDENTS
THIS MFA FILED U/S.54(1) OF LAND ACQUISITION ACT,
AGAINST THE JUDGMENT AND AWARD DATED 18.03.2005
PASSED IN LAC NO.82/2000 ON THE FILE OF THE ADDITIONAL
CIVIL JUDGE (SR.DN), HASSAN, PARTLY ALLOWING THE
REFERENCE PETITION U/S.18(1) OF LAND ACQUISITION ACT.
THIS APPEAL, COMING ON FOR ORDERS,
THIS DAY, K. SOMASHEKAR, J., DELIVERED
THE FOLLOWING:
JUDGMENT
Learned counsel Sri.Sadashivaiaha.K.G. for the
appellants is present before the Court.
2. Office note reveals as maintainability of appeal
against the order dated 18.03.2005 rendered by the Court
below in LAC No.82/2000.
NC: 2024:KHC:19265-DB
3. Keeping in view the submission made by the
learned counsel for the appellants inclusive of Section 19
of the Karnataka Civil Courts Act, 1964, wherein it reveals
as appeals from the decrees and orders passed by the
Senior civil judge in original suits and proceedings of a civil
nature, shall, when such appeals are allowed by law, lie to
the District Court, when the amount or value of the
subject matter of the original suit or proceeding does not
exceed Rs.10 lakhs i.e., Class 1 of Section 19. Section 13
of the Act indicates that to the High Court to the other
cases.
4. Keeping in view the aforesaid provision of law,
it is deemed appropriate that this appeal be returned to
the appellants to approach appropriate forum in
accordance with law to proceed in further.
5. In the meanwhile, learned counsel for the
appellants has filed a memo. Memo is placed on record.
6. Whereas the learned counsel for the appellants
submits that the limitation issues are there. Even in the
NC: 2024:KHC:19265-DB
Limitation Act, 1963 there is some relevant provision of
law, but liberty can be granted. Accordingly it is observed.
However the party to the proceeding shall proceed in
accordance with law.
Accordingly, this appeal is disposed of in terms of
statistical purpose.
Sd/-
JUDGE
Sd/-
JUDGE
NS
