SMT KAMAKSHAMMA v. SPECIAL LAND ACQUISITION OFFICER
MSA/70/2025 · 2025-11-05
M G Uma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80943 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80943 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:44767 MSA No. 70 of 2025
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. 70 OF 2025 (LA) BETWEEN:
1.
SMT. KAMAKSHAMMA AGED ABOUT 62 YEARS, W/O LATE RAJAPPA, R/AT HOSAMANEHALLY VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573115
2.
SRI. NARAYANAMURTHY H R AGED ABOUT 47 YEARS, S/O LATE RAJAPPA, R/AT HOSAMANEHALLY VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 101
3.
SMT. NEELAVATHI AGED ABOUT 47 YEARS D/O LATE RAJAPPA R/AT HOSAMANEHALLY VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT 573101
4.
SMT. AMBIKA AGED ABOUT 45 YEARS D/O LATE RAJAPPA, R/AT HOSAMANEHALLY VILLAGE, KASABA HOBLI, BELUR TALUK, HASSAN DISTRICT - 573 101 …APPELLANTS (BY SRI. SADASHIVAIAH .K.G., ADVOCATE) AND:
1.
SPECIAL LAND ACQUISITION OFFICER, H.R.P -2, OFFICE OF THE DEPUTY
Digitally signed by PRASHANTH N V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:44767 MSA No. 70 of 2025
COMMISSIONER, HASSAN DISTRICT HASSAN - 573 201.
2.
THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN - 573 201
3.
EXECUTIVE ENGINEER KAVERI NEERAVARI NIGAMA YAGACHI PROJECT, BELUR HASSAN DISTRICT - 573 115 …RESPONDENTS
THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 20.07.2024 PASSED IN LAC NO(APPL). 650/2023 ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, DISMISSING THE APPEAL FILED BY THE APPELLANT UNDER ORDER 43 RULE OF CPC R/W SECTION 54 OF LAND ACQUISITION ACT.
THIS MFA, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM:
HON'BLE MRS. JUSTICE M G UMA
ORAL JUDGMENT
The appellants have initially filed MFA. Vide order dated 01.04.2025, the appellants were permitted to convert MFA into MSA. Inspite of that, learned counsel for the appellants has not taken any steps to make necessary corrections. Therefore, in the preamble, still it is reflecting as MFA and not MSA.
2. Office has raised several objections.
3.
Learned counsel for the appellants prays for time.
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HC-KAR NC: 2025:KHC:44767 MSA No. 70 of 2025
4.
Order sheet dated 15.10.2025 reads as under:
"Learned counsel for the appellants prays for time. Office has raised as many as 6 objections. Inspite of the same, the office objections are not complied with and also the Court fee is not paid, even though the matter is listed for non-compliance of office objections for fourth 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."
5. The matter is listed for fifth time for compliance of office objections. None of the office objections have been complied with and there is no progress in the matter. It appears that the appellants are not interested in prosecuting the matter.
6. 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.: 6