The High Court of Karnataka upheld counsel's submission that the Miscellaneous Second Appeal was withdrawn. The appeal was dismissed accordingly, and a refund of court fee was directed.
Memo placing withdrawal on record was accepted; the appeal was dismissed as withdrawn; court fee refund directed.
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.
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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 02ND DAY OF NOVEMBER, 2022
BEFORE
THE HON’BLE MS. JUSTICE JYOTI MULIMANI
M.S.A. NO.100031 OF 2019 (LA)
BETWEEN:
THE EXECUTIVE ENGINEER GRBC DIVISION NO-3, KARNATAKA NEERAVARI NIGAM LTD., GOKAK, DIST: BELAGAVI.
...APPELLANT
(BY SRI G.K. HIREGOUDAR, ADVOCATE)
AND:
… RESPONDENTS
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THIS MISCELLANOUS SECOND APPEAL IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 04.12.2017 IN LACA NO. 43/2017 PASSED BY THE II ADDL. DIST AND SESSIONS JUDGE BELAGAVI, AND ALSO JUDGMENT AND AWARD DATED 08.06.2016 IN LAC NO.282/2012 PASSED BY THE SENIOR CIVIL JUDGE SAUNDATTI.
THIS MSA POSTED FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.G.K.Hiregoudar., learned counsel for appellant
has appeared in person.
Counsel submits that a memo has been filed stating that the Miscellaneous Second Appeal may be dismissed as withdrawn. Counsel therefore, submits that the memo may be placed on record and the Miscellaneous Second Appeal may be dismissed as withdrawn.
Submission is noted.
Memo is placed on record.
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The Miscellaneous Second Appeal is dismissed as withdrawn.
The Registry concerned is hereby directed to refund
the Court fee, if any as per Karnataka Court Fee and Suit Valuation Act, 1958.
Sd/-
JUDGE
TKN
2 provisions across 2 enactments
The Executive Engineer GRBC Division No-3, Karnataka Neeravari Nigam Ltd., Gokak
The Special Land Acquisition Officer HIDKAL Dam, Tq Hukkeri
The Principal Secretary Revenue Department, Bengaluru
Dalawai Vital Irappa
Komanavar Gangadhar Mallappa
Ramesh Laxman Lingaraddi
Jyoti Mulimani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
