- 1 - NC: 2025:KHC-D:3926 MFA No. 103900 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO.103900 OF 2022 (LAC) BETWEEN: THE EXECUTIVE ENGINEER, KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, (KUWS AND DB) KARWAR DIVISION, KAJUBAG, KARWAR-581301, DIST. UTTARA KANNADA. OFFICE ALSO AT: VISHWESHWARAIAH ROAD, NEAR D.C. OFFICE COMPOUND, DHARWAD-580001, TQ. AND DIST. DHARWAD. …APPELLANT (BY SRI VEERESH R.BUDIHAL, ADVOCATE) AND: 1. SMT. AMINABI KURESHI, AGE. MAJOR, (EXACT AGE NOT KNOWN TO THE APPELLANT) W/O. MR. MUNIRUDDIN KURESHI OCC. NOT KNOWN TO THE APPELLANT R/O. NADIBAG, ANKOLA-581314, DIST. UTTARA KANNADA. 2. THE DEPUTY COMMISSIONER, OFFICE OF THE D.C., UTTARA KANNADA DISTRICT, KODIABAG, KARWAR-581301, DIST. UTTARA KANNADA. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3926 MFA No. 103900 of 2022 3. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAY, OPP. LAKSHMI TALKIES, P.B. ROAD, DHARWAD-580001, TQ. AND DIST. DHARWAD. …RESPONDENTS THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, PRAYING TO ALLOW THE ABOVE APPEAL AND CONSEQUENTLY BE PLEASED TO SET- ASIDE THE JUDGMENT AND AWARD DATED 26.08.2019 IN L.A.C. NO.1/2010 PASSED BY THE COURT OF SENIOR CIVIL JUDGE, ANKOLA AND CONSEQUENTLY REJECT THE REFERENCE, IN THE INTEREST OF JUSTICE AND AWARD COSTS OF THESE PROCEEDINGS IN FAVOUR OF THE APPELLANT AND ETC., THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ORDERS, THIS DAY, THE COURT DELIVERED THE FOLLOWING: ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR) It is submitted that the subject matter of the appeal is less then Rs.10,00,000/- and the appeal before this Court is not maintainable in view of the provisions of Section 19(1) of the Karnataka Civil Courts Act, 1964. - 3 - NC: 2025:KHC-D:3926 MFA No. 103900 of 2022 2. The claim before the reference Court is Rs.30,000/- per gunta. The extent of acquired land is 14 guntas. Therefore, the total amount comes to Rs.4,20,000/. Hence, the appeal before this Court is not maintainable. Therefore, appeal is disposed of as not maintainable with liberty to the appellant to file the appeal before the jurisdictional District Court having pecuniary jurisdiction. 3. The Registry is directed to return the original papers to the counsel for the appellant, after taking photocopies of the same. 4. The appellant is entitled to benefit of Section 14 of the Limitation Act. 5. The Court fee paid, if any, shall be refunded to the appellant. Sd/- (HANCHATE SANJEEVKUMAR) JUDGE RKM List No.: 1 Sl No.: 5