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2025 DAILYLAW 38906 (KAR)

SRI MOHAMMED RAFI v. SPECIAL LAND ACQUISITION OFFICER

RP/622/2024 · 2025-08-23

Hanchate Sanjeevkumar

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:33319 RP No. 622 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR REVIEW PETITION NO. 622 OF 2024 BETWEEN: SRI. MOHAMMED RAFI SINCE DEAD BY HIS LRS 1. SMT. APSHNA BEGUM W/O LT MOHAMMED RAFI AGED ABOUT 52 YEARS 2. SRI. YASAR ARAFAT S/O LATE MOHAMMED RAFI AGED ABOUT 25 YEARS 3. SMT. ASMA BANU D/O LATE MOHAMMED RAFI AGED ABOUT 22 YEARS 4. KUM. ALMAS D/O LATE MOHAMMED RAFI AGED ABOUT 52 YEARS ALL ARE RESIDING AT MANIKSABPALYA KASABA HOBLI, GUBBI TALUK TUMAKURU DIST. - 572 216. …PETITIONERS (BY SRI. MOHAN KUMAR T, ADVOCATE) AND: SPECIAL LAND ACQUISITION OFFICER, HEMAVATHI CANAL ZONE, TUMAKURU - 572 101. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33319 RP No. 622 of 2024 …RESPONDENT (BY SRI. GOPALAKRISHNA SOODI, AGA) THIS REVIEW PETITION UNDER ORDER 47 RULE 1 R/W SECTION 114 OF CPC., PRAYING TO REVIEW THE ORDER DATED 6.11.2024 PASSED IN MSA NO.105/2023 ON THE FILE OF HONBLE HIGH COURT OF KARNATAKA AND CONSIDER THE MSA NO.105/2023 ON MERITS BY CONDONING THE DELAY AND ALLOWING THE ABOVE REVIEW PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR ORAL ORDER The review petitioners has filed I.A.No.1/2025 for dispensation of payment of Court fee. 2. In view of the submission, already court fee is paid once again payment of court fee is not necessary. I.A.No.1/2025 is allowed accordingly. 3. The appeal is dismissed on the reason that there is delay of 1968 days in filing the appeal. 4. Having convinced with the grounds urged by the appellants for condonation of delay in filing the appeal, there is a need to remand the case to the Reference Court as the beneficiary is not made a party and the issue involved in the - 3 - HC-KAR NC: 2025:KHC:33319 RP No. 622 of 2024 appeal is purely covered by the judgment passed by this Court in M.S.A. No.101/2022 dated 23.11.2024. 5. Therefore, the Review Petition is allowed and the appeal is restored on to the board. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE KA CT: BHK