V.GOPALA GOWDA, R.BANUMATHI
LAXMIDEVAMMA – Appellant
Versus
RANGANATH – Respondent
JUDGMENT
R. BANUMATHI, J.
This appeal arises out of the judgment dated 27.9.2012 passed by the High Court of Karnataka in R.S.A. No.297/2007, wherein the High Court allowed the appeal in part, modifying the concurrent judgment and decree passed by the courts below and holding that the appellants-plaintiffs are entitled to compensation for the space earmarked for road as and when the competent authority acquires the same.
2. Appellants-plaintiffs are the owners of the revenue land bearing Survey No.1/1 of Chikmagalur village which was converted for non-agricultural purpose under the order dated 2.4.1987 of the Deputy Commissioner, Chikmagalur. Layout was formed from the above said land and the site Nos.12 and 13 and portions of site Nos.11 and 14 were sold to the first defendant by the appellants-plaintiffs by executing two sale deeds dated 11.7.1988 and 3.1.1992. To the south of the property sold to the respondents-defendants, 'A' schedule property as shown in the suit was earmarked for the purpose of road. However, the City Development Authority did not approve the same and hence no road was formed. Case of the appellants-plaintiffs is that since no road was formed, they continued to
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