Judgment :-

P. Sathasivam, J.

1) Leave granted.

2) This appeal is directed against the judgment and final order dated 27.07.2005 passed by the High Court of Karnataka at Bangalore in R.F.A. No.947 of 2003 whereby the High Court allowed the first appeal filed by the respondents herein and remitted the matter to the trial Court for fresh disposal.

3) Brief facts:

(a) On 28.09.1965, a notification was issued by the State Government proposing to acquire several lands including the suit land being Survey No. 23/10 of Ejipura measuring 22 guntas for formation of Koramangala Layout. The original khatedars, who were notified were one Papaiah, Thimaiah, Patel Narayan Reddy, Smt. Rathnamma, Smt. Perumakka (Defendant No.3 in the suit), Munivenkatappa and Chickaabbaiah, the husband of 3rd defendant. After holding an enquiry, the Land Acquisition Officer passed the award on 07.09.1969. Thereafter, 10 guntas of land held by Smt. Rathnamma was taken possession on 28.11.1969 and the remaining 12 guntas held by defendant No.3 was taken possession on 22.07.1978 and then handed over the entire land to the Engineering Section. The layout was formed, sites were allotted to the intending purchasers.

(b) Accor