Remanded

Sri.Prakash Basappa Hosagouder v. the Special Land Acquisition Officer

Karnataka HC8 Feb 2021CRP/100031/2019

Case brief

AI extract

What is this about?

This petition under Section 115 of the Civil Procedure Code challenged an order rejecting a memo of calculation. The High Court set aside the impugned order, remanded the matter to the Trial Court to proceed with execution based on the memo with interest, and directed disposal within four weeks.

What did the court decide?

The impugned order dated 15.02.2018 was set aside, and the matter was remanded to the Trial Court to proceed with execution proceedings based on the memo of calculation dated 15.02.2018 with added int

Sri.Prakash Basappa Hosagouder Vs the Special… — Execution and Attachment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

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DATED THIS THE 08^TH DAY OF FEBRUARY 2021

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BEFORE

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THE HON’BLE MR. JUSTICE P. KRISHNA BHAT

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CRP.NO.100031 OF 2019

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BETWEEN

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SRI. PRAKASH BASAPPA HOSAGOUDER, AGE: 34 YEARS, OCC: ADVOCATE, R/O. KATAGUR, TALUK: HUNAGUND, DISTRICT: BAGALKOT.

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… PETITIONER

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(BY SRI. H. M. DHARIGOND, ADV.,)

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AND

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THE SPECIAL LAND ACQUISITION OFFICER, UPPER KRISHNA PROJECT, BAGALKOT.

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THE STATE OF KARNATAKA, REPRESENTED BY DEPUTY COMMISSIONER, DISTRICT ADMINISTRATIVE BHAVAN, NAVANAGAR, BAGALKOT.

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… RESPONDENTS

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(BY SRI. PRAVEEN K UPPAR, HCGP FOR R1 AND R2)

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THIS PETITION IS FILED UNDER SECTION 115 OF CPC PRAYING TO EXERCISE ITS JURISDICTION UNDER SECTION 115 OF CIVIL PROCEDURE CODE TO SET ASIDE THE ORDER DATED 15.12.2018 PASSED IN EXECUTION PETITION NO.70/2017 PASSED

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BY THE II-ADDITIONAL SENIOR CIVIL JUDGE BAGALKOT AND ALLOW THE MEMO OF CALCULATION FILED BY THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard.

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Learned HCGP submits that the memo of

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calculation dated 15.02.2018 filed at Annexure-C (page No.17 of the petition) is correct.

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The petitioner has challenged the order of the learned II-Additional Senior Civil Judge and JMFC, Bagalkot in E.P.No.70/2017 dated 15.02.2018 by which memo of calculation dated 15.02.2018 has been rejected.

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Since the learned HCGP now submits, on instructions, that the said memo of calculation is correct as on 15.02.2018, the order impugned cannot be sustained. Accordingly, it is set aside.

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In view of the same, the matter is remanded to the learned Trial Court to proceed with the execution

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proceedings on the basis of the memo of calculation dated 15.02.2018 and thereafter up-to-date interest shall be added to Rs.3,90,779/- shown in the memo of calculation and thereafter pass appropriate orders for recovery of the said amount.

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Communicate this order to the learned Trial Court forthwith.

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Parties shall appear before the learned Trial Court on 22.02.2021 without further notice from the said court.

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The learned Trial Court shall dispose of the execution proceedings within a period of four weeks from the date of appearance fixed for their appearance

hereinabove.

Sd/-

JUDGE

yan

Sri.Prakash Basappa Hosagouder v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

Sri.Prakash Basappa Hosagouder v. the Special Land Acquisition Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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