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B K THIMMAPPA – Appellant
Versus
SPECIAL LAND ACQUISITION OFFICER – Respondent
MFA 4042/2019



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF AUGUST 2021

BEFORE

THE HON9BLE MR. JUSTICE ASHOK.S.KINAGI

MISCELLANEOUS FIRST APPEAL NO.4042 OF 2019 (LAC)

BETWEEN:

B.K.THIMMAPPA,

DEAD BY HIS LRS

1.

G.C.SHIVAMMA,

W/O LATE B.K.THIMMAPPA,

AGED ABOUT 59 YEARS.

2.

T.RAMAKRISHNA,

S/O LATE B.K.THIMMAPPA,

AGED ABOUT 40 YEARS.

3.

T.MOHANKUMAR,

S/O LATE B.K.THIMMAPPA,

AGED ABOUT 38 YEARS.

4.

PRAKASH,

S/O LATE B.K.THIMMAPPA,

AGED ABOUT 36 YEARS,

ALL ARE RESIDING AT

JODI KRS AGRAHARA,

KUNIGAL TOWN-572130.

...APPELLANTS

(BY SRI SHANTHARAJ.K, ADVOCATE)

AND:

1.

SPECIAL LAND ACQUISITION OFFICER,

HEMAVATHI CANAL ZONE,

2

HASSAN-BENGALURU

RAILWAY DIVISION,

MINI VIDHANA SOUDHA,

TUMAKURU-572101.

2.

THE CHIF ENGINEER,

SOUTHERN RAILWAYS (WEST),

CANTONMENT,

BENGALURU-560046.

3.

DEPUTY CHIEF ENGINEER,

SOUTHERN RAILWAYS (WEST),

CANTONMENT,

BENGALURU-560046.

&RESPONDENTS

THIS MISCELLANEOUS FIRST APPEAL IS FILED

UNDER SECTION 54(1) OF THE LAND ACQUISITION ACT,

AGAINST THE JUDGMENT AND AWARD DATED 27.04.2015

PASSED IN LAC.NO.33/2009 ON THE FILE OF THE SENIOR

CIVIL JUDGE, JMFC, KUNIGAL, DISMISSING THE CALIM

PETITION FOR COMPENSATION U/S 18(1) OF LAND

ACQUISITION ACT.

THIS APPEAL COMING ON FOR ORDERS THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The appeal was filed on 27.05.2019 and the

matter was listed before the court on 17.09.2019. On

that day, three weeks time was granted for compliance

of office objections and the matter was adjourned to

30.01.2020. On 30.01.2020 this Court passed the order

3

that two weeks time was granted to comply with office

objections and if the office objections are not complied

within such period, the appeal shall be listed for

dismissal.

2.

Inspite of granting sufficient opportunity to

the learned counsel for the appellants, he has not

complied with the office objections.

3.

The matter is of the year 2019. Today also

learned counsel for the appellants seeks time to comply

with the office objections. In view of the peremptory

order, I do not find any grounds to grant further time.

Accordingly, the appeal is dismissed for non-

compliance of office objections.

Sd/-

JUDGE

ssb

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