- 1 - HC-KAR CNR: KAHC010512152017 NC: 2026:KHC:43700 MFA No. 832 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 832 OF 2017 (LAC) BETWEEN: DONAT J.A. FERNANDES S/O. S.J.S FERNANDES AGED ABOUT 72 YEARS R/O. C-37, NEETI BAGH NEW DELHI - 110 049. …APPELLANT (BY SRI MALLESH L., ADVOCATE) AND: 1. THE SPL. LAND ACQUISITION OFFICER MANGALURU CITY CORPORATION MANGALURU, D.K. - 575 001. 2. SIRAJ AHAMED AGED 60 YEARS S/O. LATE G. MOHAMMED YUSUF R/AT "MEWA", OPP. BENDORE CHURCH LOBO LANE, MANGALURU D.K. - 575 004. …RESPONDENTS (BY SRI GIRIDHAR H., ADVOCATE FOR R1; SRI PUNDIKAI ESHWAR BHAT, ADVOCATE FOR R2) THIS MFA IS FILED UNDER SECTION 54(1) OF LAND ACQUISITION ACT, 1894, PRAYING TO SET ASIDE THE JUDGMENT AND AWARD DATED 27.10.2016 PASSED IN LAC.NO.15/2009 BY THE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, MANGALURU, D.K. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010512152017 NC: 2026:KHC:43700 MFA No. 832 of 2017 THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT This appeal is of the year 2017. Registry has raised more than half a dozen objections and sufficient time was granted to the appellant to rectify the said objections. However, the appellant has neither bothered to rectify the objections nor taken steps to comply the same and has continued to seek time from 2017 onwards. 2. This Court has granted indulgence to the appellant on several occasions despite the inordinate delay. Even after being granted sufficient opportunity, the appellant has not bothered to rectify the objections. We are now in August-2026. Though learned counsel for appellant is present today, the objections raised by Registry remain unrectified. 3. Under the circumstances, though learned counsel for appellant seeks time, this Court is not inclined to grant - 3 - HC-KAR CNR: KAHC010512152017 NC: 2026:KHC:43700 MFA No. 832 of 2017 any further indulgence to a party who has failed to take any steps to rectify the objections from 2017 till date. Therefore, this is a clear case of inordinate delay and failure to exercise due diligence in rectifying the objections. Accordingly, the appeal is dismissed for non-prosecution. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 15