This appeal against a land acquisition compensation award was permitted to be withdrawn as a memorial with liberty to file a review petition under CPC Order 23 Rules 1 and 2.
Permission to withdraw appeal with liberty to file review petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
DATED THIS THE 16TH DAY OF APRIL, 2021
PRESENT
THE HON’BLE MR.JUSTICE SREENIVAS HARISH KUMAR
AND
THE HON’BLE MR.JUSTICE E.S.INDIRESH
M.F.A. NO. 103927/2019 (LAC)
BETWEEN:
KARNATAKA NIRAVARI NIGAMA LIMITED, BY ITS EXECUTIVE ENGINEER, KNNL, MLBCC, DIV. NO.2, NAVILUTEERTH-591126, TQ: SAUNDATTI, DIST: BELAGAVI.
… APPELLANT
(BY SRI. R. M. KULKARNI, ADVOCATE)
AND:
SHRI. GOUDAPPA S/O BHIMAASHEPPA HAMMANNAVAR, SINCE DECEASED BY HIS L.R.
….RESPONDENTS
2
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 74 (1) OF RIGHT TO FAIR COMPENSATION AND TRANSARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013, PRAYING TO AGAINST THE JUDGMENT AND AWARD DTD: 15.04.2019 PASSED IN LAC.NO.802/2017 ON THE FILE OF THE I ADDTITIONL DISTRICT JUDGE, BELAGAVI, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 64 OF THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 AND ETC.,
THIS APPEAL COMING ON FOR ORDERS THIS DAY, SREENIVAS HARISH KUMAR. J., DELIVERED THE FOLLOWING:
JUDGMENT
Appellant’s counsel has filed an application under Order 23 Rule 1 and 2 C.P.C. seeking permission to withdraw the appeal with a liberty to file review petition before the reference court. Strictly speaking the appeal cannot be permitted to be withdrawn under Order 23 Rule 1 C.P.C. as a formal defect in the appeal is not made out. However, this application is treated as a memo. Appellant is permitted to withdraw the appeal. Liberty is given to the appellant to file review petition. Admissible court fee shall be refunded to the appellant.
SD JUDGE
SD JUDGE
CLK
1 provisions across 1 enactments
KARNATAKA NIRAVARI NIGAMA LIMITED
THE SPECIAL LAND ACQUISITION OFFICER
SHRI. GOUDAPPA S/O BHIMAASHEPPA HAMMANNAVAR
SRI. B. G. HAMMANNAVAR
THE PRINCIPAL SECREATARY, REVENUE DEPARTMENT
SREENIVAS HARISH KUMAR
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
