- 1 - HC-KAR NC: 2025:KHC:44751 MSA No. 142 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE M G UMA MISCELLANEOUS SECOND APPEAL NO. 142 OF 2024 (LA) BETWEEN: 1. SRI B.K. SHAFI AHAMMAD S/O LATE B K ABDUL JABBAR, AGED ABOUT 68 YEARS, R/AT SUBASH NAGAR, GUBBI 572216. 2. SRI B K NOOR AHAMMAD S/O LATE B K ABDUL JABBAR, AGED ABOUT 64 YEARS, R/AT 2ND CROSS, K H B COLONY, GUBBI TOWN 572216. …APPELLANTS (BY SRI. K P BHUVAN, ADVOCATE) AND: ASSISTANT COMMISSIONER AND LAND ACQUISITION OFFICER TUMKURU 572 101. …RESPONDENT THIS MSA IS FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT AND DECREE DATED 18.04.2024 PASSED IN RA NO. 243/2020 ON THE FILE OF THE VI ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU, DISMISSING THE APPEAL AND CONFIRMING THE JUDGMENT AND AWARD DATED 14.02.2020 PASSED IN LAC.241/2006 ON THE FILE OF THE SENIOR CIVIL JUDGE, GUBBI, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER 18 OF LAND ACQUISITION ACT. THIS MSA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44751 MSA No. 142 of 2024 ORAL JUDGMENT Learned counsel for the appellants prays for time. 2. Order sheet dated 15.10.2025 reads as under: "Learned counsel for the appellant is absent. No representation. The appeal is of the year 2024. Office has raised 5 objection, the same are not complied even though the matter is listed for non-compliance of office objections for fifth time. I do not find any reason to adjourn the matter. However, to afford final opportunity, as a last chance, list this matter on 05.11.2025." 3. The matter is listed for sixth time for compliance of office objections. Still, there is no progress in the matter. It appears that the appellants are not interested in prosecuting the matter. 4. Hence, the appeal is dismissed for default i.e., for non-prosecution. Sd/- (M G UMA) JUDGE PNV - CT:VS - List No.: 1 Sl No.: 13