G. P. SHIVAPRAKASH, J.

( 1 ) THIS appeal is presented by the special land acquisition officer, national highways, dharwar, against the judgment and award dated 28-11-1991 passed by the principal civil judge and c. j. m. ('reference court' for short), dharwar in lac no. 302 of 1988.

( 2 ) ,in view of the Amendment to section 5 of the karnatakahigh court Act, 1961 ('the act' for short) enjoining that All first appeals presented to this court, save as otherwise provided in the Act, shall be heard by a bench consisting of not less than two judges or by a single judge depending upon the value of subject-matter, a preliminary question is raised whether the value of subject-matter in a suit or other proceedings, or the value of subject-matter in an appeal ought to be considered for the purpose of ascertaining the forum for hearing the appeal.

( 3 ) BEFORE the Amendment All first appeals irrespective of thevalue of subject-matter were required, save as otherwise provided in the Act, to be heard by a bench consisting of not less than two judges of this court.

( 4 ) SINCE the answer to the above question is of generalapplication to All first appeals in this court, save as otherwise provided

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