Citation : 2024 Latest Caselaw 25238 Kant
Judgement Date : 22 October, 2024
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NC: 2024:KHC:42466
MFA No. 6980 of 2013
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE H.P.SANDESH
MISCELLANEOUS FIRST APPEAL NO.6980 OF 2013 (LAC)
BETWEEN:
1. SMT. MUNIYAMMA,
D/O SHAMBHAIAH,
W/O MARAPPA,
SINCE DECEASED BY LR
SRI MUNIKRISHNA,
S/O LATE SMT.MUNIYAMMA AND MARAPPA,
AGED ABOUT 57 YEARS,
R/AT NO.2/889, MARKET ROAD,
BERIKAI, BERIGAI VILLAGE,
MUDISADANAPALLI, KRISHNAGIRI,
TAMIL NADU - 635 105.
...APPELLANT
(BY SRI. V.HARIDAS BHAT, ADVOCATE)
Digitally signed
by DEVIKA M AND:
Location: HIGH
COURT OF 1. SPECIAL LAND ACQUISITION OFFICER,
KARNATAKA BANGALORE DEVELOPMENT AUTHORITY,
BANGALORE-01.
2. SRI R. LOKESH,
SINCE DECEASED REPRESENTED BY LRS.
2(a) SMT.D.UMADEVI,
AGED ABOUT 58 YEARS,
W/O LATE LOKESH.
2(b) SRI PRADEEPA,
AGED ABOUT 35 YEARS,
S/O LATE LOKESH.
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MFA No. 6980 of 2013
2(c) MS.MONIKA,
AGED ABOUT 28 YEARS,
D/O LATE LOKESH.
2(d) MS. VINUTHA,
AGED ABOUT 26 YEARS,
D/O LATE LOKESH.
RESPONDENT NOS.2(a) TO 2(d) ARE
RESIDENTS OF RAGHUVANAPALYA,
KRB PETROL BUNK,
ANJANAPURA POST,
BENGALURU - 560 062.
3. T. RATHAN,
SINCE DECEASED REPRESENTED BY LRS.
3(a) SMT. SUMITHRA,
AGED ABOUT 57 YEARS,
W/O LATE RATHAN.
3(b) R. VIJAYALAKSHMI,
AGED ABOUT 35 YEARS,
D/O LATE RATHAN.
3(c) R. HEMA SUKUMARI,
AGED ABOUT 33 YEARS,
D/O LATE RATHAN.
3(d) R. NALINI,
AGED ABOUT 31 YEARS,
D/O LATE RATHAN.
3(e) R. JAYAKUMAR,
AGED ABOUT 30 YEARS,
D/O LATE RATHAN.
3(f) DUSHYANTH KUMAR,
AGED ABOUT 23 YEARS,
S/O LATE RATHAN.
RESPONDENT NOS.3(a) TO 3(f)
ARE R/AT NO.5, 7TH MAIN,
M.V.GARDEN, ULSOOR,
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NC: 2024:KHC:42466
MFA No. 6980 of 2013
KARUMARIYAMMA TEMPLE ROAD,
BANGALORE-560 008.
RESPONDENT NOS.3(a) TO 3(f) ARE
DELETED VIDE COURT ORDER DATED 22.10.2024.
...RESPONDENTS
(BY SRI. M.V.CHARATI, ADVOCATE FOR R1;
SRI K. SHIVASHANKAR, ADVOCATE FOR R2[a to d])
THIS MFA IS FILED UNDER SECTION 54(1) OF THE LAND
ACQUISITION ACT AGAINST THE JUDGMENT AND DECREE
DATED 10.06.2011 PASSED IN LAC NO.260/2001 ON THE FILE
OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE,
BANGALORE, PARTLY ALLOWING THE REFERENCE PETITION
FOR COMPENSATION AND SEEKING ENHANCEMENT OF
COMPENSATION.
THIS APPEAL COMING ON FOR FINAL HEARING THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE H.P.SANDESH
ORAL JUDGMENT
The appellant, respondent Nos.2(a) to (d) and their
respective learned counsel are present before the Court. The
parties have filed the compromise petition. The appellant and
respondent Nos.2(a) to (d) have compromised to an extent of
27½ guntas.
2. The terms of the compromise is explained to the
parties and the parties have understood the same. The
appellant is entitled for compensation as awarded by the Trial
Court in terms of the compromise. The appellant has agreed to
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pay an amount of Rs.8,00,000/- to respondent Nos.2(a) to (d)
separately out of the compensation amount in terms of the
compromise. The appellant is entitled for remaining amount
with interest.
3. The respondent No.1 is a formal party, as
respondent No.1 had acquired the property of the appellant and
respondent Nos.2(a) to (d).
4. The compromise petition is accepted and accordingly
the appeal is disposed of in terms of the compromise.
Sd/-
(H.P.SANDESH) JUDGE
MD
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