PUJYA SRI. SHARANABASAVA APPAGALAVARA v. SRI. YAMANAPPA S/O LAXMAN HADAGALI
MFA/102895/2018 · 2025-03-26
C M Poonacha, S G Pandit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5977 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5977 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:5540-DB MFA No. 102895 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.102895 OF 2018 (LAC) BETWEEN:
1. PUJYA SRI. SHARANABASAVA APPAGALAVARA ASHRAMA TRUST, BAGALKOT, BY ITS PRESIDENT, SRI. DURUGAPPA S/O. BHIMAPPA BANDIWADDAR, AGE: 65 YEARS, R/O: BAGALKOT, DIST: BAGALKOT. 2. BASAVARAJ S/O. DURGAPPA BANDIWADDAR, AGE: 25 YEARS, OCC: CONTRACTOR, SECRETARY PUJYA SRI. SHARANBASAV APPAGALAVAR ASHRAM TRUST, BAGALKOT. …APPELLANTS (BY SRI J.S. SHETTY, ADVOCATE)
AND:
1. SRI. YAMANAPPA S/O. LAXMAN HADAGALI, AGE: 54 YEARS, OCC: AGRICULTURE, R/O: BETAGI CROSS, NEAR VITTAL TEMPLE, TALUK: MUDDEBIHAL, DIST: VIJAYAPURA. 2. SRI. LAXMAN DHARMAJI SHINDE, AGE: 70 YEARS, OCC: RETIRED RAILWAY EMPLOYEE, R/O: SECTOR, NO.35, PLOT NO.11/D, NAVANAGAR, DISTRICT: BAGALKOT. 3. SRI. RAMANNA S/O. TAVANAPPA RATHOD, AGE: 60 YEARS, OCC: AGRICULTURE, R/O.: NEAR CHANNABASVESHWAR MATA, KAREHALLA, WARD NO.10, BAGALKOT, DISTRICT: BAGALKOT. DELETED AS PER THE ORDER DATED 19.06.2024. Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:5540-DB MFA No. 102895 of 2018
4. BASAPPA BHIMAPPA GOUDAR, AGE. 65 YEARS, OCC. RETIRED BSNL OFFICER, R/O. NEAR CHANNABASVESHWAR MATA, KAREHALLA, WARD NO.10, BAGALKOT, DISTRICT. BAGALKOT. 5. SRI. MURIGEPPA S/O. KASHAPPA NARA, AGE. 65 YEARS, OCC. BUSINESS, R/O. NEAR CHANNABASVESHWAR MATA, KAREHALLA, WARD NO.10, BAGALKOT, DISTRICT. BAGALKOT. 6. RAMACHANDRA RAMANNA KATTIMANI, CLAIMING TO BE THE SECRETARY OF THE PUJYA SRI. SHARANABASAVA APPAGALAVARA ASHRAMA TRUST, BAGALKOT, R/O. BAGALKOT. DELETED AS PER THE ORDER DATED 19.06.2024. 7. PARASURAM BALAVANTAPPA HONAKERI CLAIMING TO BE THE CHAIRMAN OF PUJYA SRI. SHARANABASAVA APPAGALAVARA ASHRAM TRUST, BAGALKOT, AGE. MAJOR, R/O. BAGALKOT. 8. THE SPECIAL LAND ACQUISITION OFFICER, UKP NO.1, BAGALKOT,DIST. BAGALKOT. 9. REHABILITATION OFFICER, BTDA, BAGALKOT, DISTRICT. BAGALKOT. …RESPONDENTS (BY SRI PRAKASH N.HOSAMANE, ADVOCATE FOR C/R1;
SRI V.S. KALASURMATH, ADDL. GOVT. ADV.
FOR R8 AND R9;
NOTICE TO R2, R4, R5 AND R7 ARE SERVED)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 54( 1) OF CIVIL PROCEDURE CODE, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 03.07.2018 PASSED IN THE LAC NO.27/2011 BY THE SECOND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, BAGALKOT AND IT MAY KINDLY BE HELD THAT THE APPELLANT TRUST REPRESENTED BY ITS CHAIRMAN AND SECRETARY, AS MENTIONED IN THE APPEAL MEMO, AS APPELLANTS IN THE APPEAL MEMO, ARE ENTITLED TO RECEIVE THE AMOUNT OF THE COMPENSATION, BY ALLOWING THIS APPEAL, WITH COST THROUGHOUT, IN THE ENDS OF JUSTICE AND EQUITY. - 3 -
NC: 2025:KHC-D:5540-DB MFA No. 102895 of 2018
THIS MISCELLANEOUS FIRST APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
Learned counsel for the appellants files a memo dated 24.3.2025 seeking leave of the Court to withdraw the appeal as not pressed.
Memo is placed on record. The appeal stands dismissed as not pressed.
Sd/- (S G PANDIT) JUDGE
Sd/- (C.M. POONACHA) JUDGE
Vmb List No.: 1 Sl No.: 14