Appeal under Section 54(1) of the Land Acquisition Act against a compensation judgment was listed repeatedly for compliance of office objections. With objections unmet despite five listings and counsel absent, the High Court dismissed the appeal for non-prosecution.
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 AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS FIRST APPEAL NO. 2590 OF 2022 (LAC)
BETWEEN:
SRI. RICHARD MASCARENHAS, S/O LATE SIMON MASCARENHAS, AGED ABOUT 38 YEARS, R/AT FATHIMA VILLA, AMBADEBETTU, PERMAPALLI, SHIVALLI VILLAGE, KUNJIBETTU POST, UDUPI TALUK - 576 101.
…APPELLANT
(BY SRI. NAGARAJA HEGDE., ADVOCATE - ABSENT)
AND:
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
KANDEVILI WEST BOMBAY.
MAROSI ROAD, ANDHERI EAST BOMBAY.
ELIZABETH MASCARENHAS
CL.NOS.15 IS WIFE AND 16 TO 21 ARE THE CHILDREN OF LATE. PETER MASCARENHAS.
ALL ARE ADULTS AND ARE R/AT : LT 18, 22, VIYA NAGAR, MORAL, ANDHERI (EAST), BOMBAY.
22. ROFEL MASCARENHAS (DEAD) FLORINA MASCARENHAS
CL.NOS. 22 IS WIFE AND 23 & 24 ARE THE MINOR CHILDREN OF LATE.ROFEL MASCARENHAS.
ALL ARE R/AT: 21/34, NEW BDD BLOCK, NAIGIRI, DADAR, BOMBAY.
CL. NO.15(B) & 15(C) ARE REP. BY THEIR MOTHER AND NATURAL GUARDIAN CL.NO.15(A)
25. DAVID MASCARENHAS (DEAD)
BRIDGET MASCARENHAS
26. LENA IRENE MASCARENHAS
BOTH ARE R/AT : BRIDGET VILLA, MADAGA PARAMPALLI, SHIVALLI VILLAGE AND POST, UDUPI TALUK AND DISTRICT.
MR. URBAN MASCARENHAS, S/O LATE SIMON MASCARENHAS, AGED ABOUT 32 YEARS, R/AT : FATHIMA VILLA, AMBADEBETTU, PERAMPALLI, SHIVALLI VILLAGE AND POST, KUNJIBETTU, UDUPI TALUK.
S/O LAWRENCE MASCARENHAS, AGE : MAJOR, R/AT : KUVETTU, AIRPORT.
…RESPONDENTS
THIS MFA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT PRAYING TO SET ASIDE THE JUDGMENT DATED 29.01.2021 PASSED IN LAC NO.71/1993 ON THE FILE ADDL. SENIOR CIVIL JUDGE AT UDUPI AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
None appears.
Appeal is listed for further orders regarding non-compliance of office objections for 5th time. Though appeal was filed in year 2021, till date office objections are not complied, despite providing sufficient opportunity. This would indicate that appellant is not interested in prosecuting appeal.
Hence, appeal is dismissed for non-prosecution.
Sd/JUDGE
DHA
List No.: 2 Sl No.: 32
1 provisions across 1 enactments
Richard Mascarenhas
Land Acquisition Officer and Asst. Commissioner, Kundapura Taluk, Udupi District
Nicholas Mascarenhas
Mathias Mascarenhas
John Mascarenhas
Vlerian Mascarenhas
Ravi V Hosmani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
