The High Court of Karnataka dismissed five miscellaneous second appeals and two interim applications with similar terms as in MSA No. 89/2015, which was dismissed on 09.07.2019.
The instant appeals and interim applications were dismissed on similar terms as MSA No. 89/2015; interim applications disposed of by default.
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.
MSA No. 93 of 2015
C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN
MISCELLANEOUS SECOND APPEAL NO. 93 OF 2015
C/W
MISCELLANEOUS SECOND APPEAL NO. 88 OF 2015 MISCELLANEOUS SECOND APPEAL NO. 90 OF 2015 MISCELLANEOUS SECOND APPEAL NO. 92 OF 2015
&
MISCELLANEOUS SECOND APPEAL NO. 94 OF 2015
BETWEEN:
Digitally signed by V MANJUSHA BAI Location: High Court of Karnataka
…APPELLANT (COMMON)
(BY SRI N. BYREGOWDA, ADVOCATE FOR SRI ABHINAY Y.T., ADVOCATE)
IN MSA NO.93 OF 2015:
AND:
MSA No. 93 of 2015
C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015
AGED MAJOR HIREMAGALUR, CHIKKAMAGALUR TALUK CHIKKAMAGALUR - 577 101.
…RESPONDENTS
(BY SRI G. RAVISHANKAR, FOR SRI A.V. GANGADHARAPPA, ADVOCATES FOR R.1)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2013 PASSED IN LAC APPEAL No.1/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALUR AND ORDER DATED 16.04.2008 PASSED IN LAC NO.89 OF 2006 PASSED BY CIVIL JUDGE (SR.DN.) AND CJM., AT CHIKKAMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MSA NO.88 OF 2015:
AND:
…RESPONDENTS
(BY SRI G. RAVISHANKAR, FOR SRI A.V. GANGADHARAPPA, ADVOCATES FOR R.1)
MSA No. 93 of 2015
C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2013 PASSED IN LAC APPEAL No.5/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALUR AND ORDER DATED 16.04.2008 PASSED IN LAC NO.17 OF 2006 PASSED BY CIVIL JUDGE (SR.DN.) AND CJM., AT CHIKKAMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MSA NO.90 OF 2015:
AND:
…RESPONDENTS
(BY SRI G. RAVISHANKAR, FOR SRI A.V. GANGADHARAPPA, ADVOCATES FOR R.1)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2013 PASSED IN LAC APPEAL No.8/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALUR AND ORDER DATED 16.04.2008 PASSED IN LAC NO.43 OF 2006 PASSED BY CIVIL JUDGE (SR.DN.) AND CJM., AT CHIKKAMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.
MSA No. 93 of 2015
C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015
IN MSA NO.92 OF 2015:
AND:
…RESPONDENTS
(BY SRI G. RAVISHANKAR, FOR SRI A.V. GANGADHARAPPA, ADVOCATES FOR R.1)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2013 PASSED IN LAC APPEAL No.3/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALUR AND ORDER DATED 16.04.2008 PASSED IN LAC NO.90 OF 2006 PASSED BY CIVIL JUDGE (SR.DN.) AND CJM., AT CHIKKAMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.
IN MSA NO.94 OF 2015:
AND:
MSA No. 93 of 2015
C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015
& ASSISTANT COMMISSIONER CHIKKAMAGALUR - 577 101.
…RESPONDENTS
(BY SRI G. RAVISHANKAR, FOR SRI A.V. GANGADHARAPPA, ADVOCATES FOR R.1)
THIS MSA IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT, PRAYING TO SET ASIDE THE JUDGMENT AND DECREE DATED 19.07.2013 PASSED IN LAC APPEAL No.6/2012 BY THE PRINCIPAL DISTRICT JUDGE AT CHIKKAMAGALUR AND ORDER DATED 16.04.2008 PASSED IN LAC NO.71 OF 2006 PASSED BY CIVIL JUDGE (SR.DN.) AND CJM., AT CHIKKAMAGALUR, IN THE INTEREST OF JUSTICE AND EQUITY.
THESE APPEALS COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
stating that the subject matter in issue in the instant appeals are same as the one decided in MSA.No.89/2015 and he has produced a copy of the order passed in MSA.NO.89/2015. He
prays that the present appeals may also be disposed of on the
same terms of MSA.No.89/2015.
MSA No. 93 of 2015
C/W MSA No. 88 of 2015 MSA No. 90 of 2015 MSA No. 92 of 2015 MSA No. 94 of 2015
same and prays similar order be passed in the instant appeals also.
In view of the dismissal of the main appeals, I.A.Nos.1/2015 and 2/2015 does not survive for consideration
and accordingly stands disposed of.
SD/JUDGE
AG
THE DEPUTY CHIEF ENGINEER (CONSTURCTIONS) - SOUTH WESTERN RAILWAY - #18, MILLERS ROAD, CANTONMENT BENGALURU - 560 048.
CHANNAKESHAVA S/O. MATOORU GANGANNA
THE LAND ACQUISITION OFFICER & ASSISTANT COMMISSIONER CHIKKAMAGALUR - 577 101.
M.I.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
