The High Court of Karnataka dismissed a miscellaneous second appeal under Section 54(2) of the Land Acquisition Act for non-prosecution. The court found the appellant failed to comply with office objections after a final chance.
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NC: 2024:KHC:27914 MSA No. 31 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE RAVI V HOSMANI MISCELLANEOUS SECOND APPEAL NO. 31 OF 2023 (LA)
BETWEEN:
SRI BASAPPA, S/O LATE MARIMADEGOWDA, AGED ABOUT 68 YEARS, R/AT KADAVEKATTEHUNDI VILLAGE, VARUNA HOBLI, MYSORE TALUUK AND DISTRICT - 570 010.
…APPELLANT
(BY SRI MANJUNATH N.D., ADVOCATE (ABSENT))
Digitally signed by GEETHAKUMARI PARLATTAYA S Location: High Court of Karnataka
AND:
THE SPECIAL LAND ACQUISITION OFFICER, KABINI RESERVOIR PROJECT, MYSURU - 570 001.
…RESPONDENT
THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER SECTION 54(2) OF THE LAND ACQUISITION ACT PRAYING TO MODIFY THE JUDGMENT AND DECREE DATED 25.03.2014 PASSED IN L.A.C.A.NO.57/2013 ON THE FILE OF V ADDITIONAL DISTRICT AND SESSIONS JUDGE, MYSURU AND CONSEQUENTLY SET ASIDE THE JUDGMENT AND DECREE DATED 22.10.2007 PASSED IN LAC NO.193/2006 ON THE FILE OF III ADDITIONAL CIVIL JUDGE (SR.DN), MYSURU.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING:
NC: 2024:KHC:27914 MSA No. 31 of 2023
JUDGMENT
Since matter was listed for non-compliance of office objections for 6th time, as a final opportunity, appellant was permitted to comply with office objections during course of day.
It is reported that appellant has not complied office objections. Hence, there is no other option than to conclude that appellant is not interested in pursuing this appeal.
Hence, appeal is dismissed for non-prosecution .
Sd/JUDGE
GPG CT:SNN
SRI BASAPPA, S/O LATE MARIMADEGOWDA
THE SPECIAL LAND ACQUISITION OFFICER, KABINI RESERVOIR PROJECT, MYSURU
Ravi V Hosmani
As recorded by the court registry
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