KARNATAKA HIGH COURT - PRINCIPAL BENCH AT BENGALURU
NARAYANAPPA – Appellant
Versus
THE LAND ACQUISITION – Respondent
MFA 9359/2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST 2021
BEFORE
THE HON9BLE MR. JUSTICE ASHOK.S.KINAGI
M.F.A.NO.9359 OF 2018 (CPC)
BETWEEN:
Narayanappa
S/o. Hanumanthaiah
R/at Melehalli Village,
Kolala Hobli, Koratagere Taluk,
Tumkuru District.
...Appellant
(By Sri. Hanumantharayappa. K, Advocate)(Absent)
AND:
1.
The Land Acquisition
Officer, Madhugiri
2.
Smt. Narasanna
W/o Narasappa
D/o Hanumanthaiah
Aged about 85 years,
3.
Rangamma
W/o. Narasappa
D/o. Hanumanthaiah,
Aged about 53 years,
4.
Muddamma
W/o Rangashamaiah
D/o Late Hanumanthaiah
2
5.
Narayanappa M.H,
S/o Late Hanumanthaiah,
Aged about 43 years,
6.
Ramachandraiah M.H,
S/o Late Hanumanthiah,
Aged about 45 years
All R/at Melehalli Village,
Kolala Hobli, Koratagere
Taluk, Tumkuru District
&Respondents
This MFA is filed under Section 54 of the Land
Acquisition Act, 1875 praying to call for records and modify
the judgment and award dated 17.09.2009 passed by the
learned Senior Civil Judge and JMFC at Madhugiri in
LAC.No.4/1994
and
enhance
the
compensation
to
Rs.13,74,000/- with interest @ 12% from the date of
preliminary
notification
i.e.
from
21.03.1987,
23%
solarium on the enhanced market value of the land and
interest at 9% for the first year and on the unpaid award
amount at the rate 15% p.a. on the enhanced amount till
the date of payment by allowing this appeal and etc.,
This MFA coming on for Orders this day, the court
delivered the following:
O R D E R
This appeal was filed on 19.11.2018 and listed
before the Court on 22.04.2019. Four weeks time
was granted for compliance of office objections.
Matter was listed on 10.07.2019. Again two weeks
3
time was granted to comply with the office objections
and the matter was listed on 20.01.2020, again two
weeks time was granted to comply with the office
objections. However, the Court observed that if the
office objections are not complied within such a
period, the appeal shall be listed for dismissal. The
matter was listed on 18.03.2020, there was no
representation for the appellant. Today, when the
case was called out, there is no representation on
behalf of the appellant. It seems that the appellant is
not interested in prosecuting the appeal. The matter
is of the year 2018.
In view of the peremptory order passed by this
Court, the appeal is dismissed for non-prosecution.
Sd/-
JUDGE
ag
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