This Miscellaneous First Appeal was filed challenging an award in land acquisition proceedings. The High Court allowed the appeal to be dismissed as infructuous because the respondents had already initiated execution proceedings, fully satisfying the award and decree.
Infructuous appeal admitted as infructuous and dismissed.
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.
MFA No. 7903 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER, 2022
PRESENT
THE HON'BLE MR JUSTICE K.SOMASHEKAR
AND
THE HON'BLE MR JUSTICE C M JOSHI MISCELLANEOUS FIRST APPEAL NO. 7903 OF 2019 (LAC)
BETWEEN:
Digitally signed by D K BHASKAR Location: High Court of Karnataka
REPERSENTED BY EXECUTIVE ENGINEER.
…APPELLANTS
(BY SMT. GEETHA DEVI M P.,ADVOCATE)
AND:
MFA No. 7903 of 2019
SON OF LATE MANCHAIAH AGED ABOUT 63 YEARS, R/O RAMANAHALLI VILLAGE MYSORE TALUK MYSORE-571130.
…RESPONDENTS
THIS MFA FILED U/S 54(1) OF THE LAND ACQUISITION ACT, 1894, BY THE APPELLANT PRAYING TOSET ASIDE THE JUDGMENT AND AWARD DATED 02.02.2019 PASSED BY THE COURT OF II-ADDL. SR. CIVIL JUDGE AT MYSORE IN LAC NO.3 OF 2017 AND REMAND THE MATTER FOR FRESH CONSIDERATION.
THIS MFA COMING ON FOR ‘ORDERS’ THIS DAY, K. SOMASHEKAR .J ., DELIVERED THE FOLLOWING:
MFA No. 7903 of 2019
JUDGMENT
Learned counsel Shri Hemanth for appellants is present before Court physically and represents the learned counsel Smt. Geetha Devi M.P. who is on record. It is specifically stated in the memo that the respondents late Shri Karagaiah and others had initiated execution proceedings in E.P.No.103/2019 seeking execution of the award in LAC No.3/2017. Hence, the award and decree has been fully satisfied.
Sd/JUDGE
Sd/JUDGE
KS
MFA No. 7903 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
[KARNATAKA URBAN WATER AND ANOTHER VS. KARAGAIAH AND OTHERS]
KSJ & CMJJ: 09.06.2023
ORDERS ON ‘FOR BEING SPOKEN TO’
Learned counsel Smt. Geetha Devi M.P. for appellant is present before Court physically.
Learned counsel submits that she has filed the present memo seeking orders on ‘For being spoken to’, in view of the fact that in the aforesaid appeal, due to oversight, the counsel for the appellant had not sought for refund of the Court fee paid, as on 07.12.2022 when the appeal was dismissed as infructuous. Hence, the learned counsel prays that the court fee of Rs.3,04,905/- paid, may be refunded to the appellant.
The memo is placed on record. Further, in view of the submission of the learned counsel, it is deemed appropriate that the appellant deserves to be refunded the court fee paid. Accordingly, the Registry is directed to refund the court fee to the appellant, in accordance with law.
Sd/JUDGE
Sd/JUDGE
KS
1 issue framed by the court
Whether the land acquisition appeal had become infructuous due to satisfaction of the award via execution proceedings.
Karnataka Urban Water Supply and Drainage Board City Division
Mysore City Corporation
Karagaiah Since Dead By LRS Smt Ningamma
Sri Nanjaiah
Sri Javarappa
Sri Shivananju
K. Somashekar
C M Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
