- 1 - HC-KAR NC: 2026:KHC:35153 MSA No. 122 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M MISCELLANEOUS SECOND APPEAL NO.122 OF 2021 (LA) BETWEEN: THE EXECUTIVE ENGINEER KARNATAKA NEERAVARI NIGAMA LTD., UPPER TUNGA PROJECT SHIVAMOGGA …APPELLANT (BY SRI PRASHANTH B. R., ADVOCATE FOR SRI SUDHAKAR B., ADVOCATE) AND: 1. SRI KENCHAPPA S/O. HANUMANTHAPPA AGED ABOUT 63 YEARS SOMINAKOPPA VILLAGE KASABA HOBLI SHIVAMOGGA TALUK 2. THE SPECIAL LAND ACQUISITION OFFICER UPPER TUNGA PROJECT SHIVAMOGGA …RESPONDENTS (BY SRI K.P.YOGANNA, AGA FOR R-2; R-1 IS SERVED AND UNREPRESENTED) THIS MISCELLANEOUS SECOND APPEAL IS FILED UNDER ORDER 54(2) OF THE CODE OF CIVIL PROCEDURE. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:35153 MSA No. 122 of 2021 THIS MISCELLANEOUS SECOND APPEAL IS LISTED FOR FINAL HEARING, THIS DAY, THE JUDGMENT IS DELIVERED AS UNDER: ORAL JUDGMENT Sri.Prashanth.B.R., counsel on behalf of Sri.B.Sudhakar., for the appellant and Sri.K.P.Yoganna., AGA for respondent No.2 appeared in person. Notice to respondent No.1 was issued. A perusal of the office note depicts that respondent No.1 is served and unrepresented. He has neither engaged the services of an advocate nor conducted the case as a party in person. 2. The appellant has prayed to allow the appeal and to set aside the Judgment and Decree dated:17.08.2020 passed in MA No.11/2018 on the file of II Additional District and Sessions Judge at Shimoga, setting aside the Judgment and Decree dated:18.03.2005 passed in LAC No.88/2003 on the file of Principal Senior Civil Judge and CJM at Shimoga, in the interest of justice and equity. 3. Counsel for the appellant submits that a memo has been filed furnishing a copy of the order passed by the Co- - 3 - HC-KAR NC: 2026:KHC:35153 MSA No. 122 of 2021 ordinate Bench of this Court in MSA No.144/2021, disposed of on 01.09.2025, wherein the Court has enhanced the compensation in respect of the first respondent at the rate of 150 per Sq. ft. with consequential benefits in respect of the acquired land. Counsel, therefore, submits that the same may be placed on record and an appropriate order may be passed. 4. The oral submission and the memo is placed on record. 5. The first respondent being the owner of land in Sy.No.22 measuring 2 guntas had filed a claim petition, in LAC No.88/2003. The Court vide order dated:18.03.2005, passed the order and assessed the market value of land in Sy.No.22 measuring 2 guntas at Rs.30,708/- per acre. The claimant assailed the said order before the Appellate Court in M.A.No.11/2018 and the Court vide order dated:17.08.2020 set aside the award dated:18.03.2005 in LAC No.88/2003 and the market value of the land acquired by the LAO was fixed at the rate of Rs.70.5/- per Sq. ft. in respect of Sy.No.22 measuring 2 guntas of Sominakoppa Village, Kasaba Hobli, Shivamogga Taluk. - 4 - HC-KAR NC: 2026:KHC:35153 MSA No. 122 of 2021 It is further noted that the first respondent filed MSA in No.144/2021 challenging the order passed by the Appellate Court and this Court vide order dated 01.09.2025 held that the first respondent is entitled to compensation at the rate of Rs.150/- per Sq. ft. with consequential benefits in respect of the acquired land. The order of the Appellate Court has already been modified by the Co-ordinate Bench of this Court in MSA No.144/2021. Hence, the appellant has already suffered an order in MSA No.144/2021 as the market value has already been enhanced, question of assailing the Appellate Court's order at this juncture does not survive for consideration. Hence, the appeal is dismissed. Because of dismissal of the appeal, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of. Sd/- (JYOTI M) JUDGE MRP List No.: 1 Sl No.: 29