Karnataka High Court
Peerappa S/O Mallappa vs The Chief Engineer, Ors on 9 February, 2012
Author: N.Kumar
Bench: N.Kumar
IN THE HIGH COURT OF KARNATAKA.
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 9FH DAY OF FEBRUARY 2012
BEFORE
THE HONBLE MRJUSTICE N.KUMAR
M .S.A.NO. 63QQj20 lILAC
BETWEEN
1. PEERAPPA S/O MALLAPPA.
AGE: 60 YEARS, 0CC: AGRICULTURE.
2. ANVEERAPPA Sb BHIMSHA,
AGE: 30 YEARS. 0CC: AGRICULTURE.
BOTH R/O CHINCHOLI (H) VILLAGE,
TQ: CHITTAPUR, DIST: GULBARAGA.
.APPELIANTS
(BY SRI. S S SAJJANSHEYFY. ADVOCATE)
AND
1. THE CHIEF ENGINEER.
KNNL. ID. IPC, ZONE.
GULBARGA -585101.
2. THE SPECIAL ACQUISTION OFFICER
M & MIP VIKAS SOUDHA.
GULBARGA-585 101.
3. EXECUTIVE ENGINEER.
KNNL BENNETHORA PROJECT.
DIVISIONA NO.1. GULBARGA-585 101.
RESPONDENTS
2
THIS MSA IS FILED U/S. 54(2) OF THE LA ACT,
AGAINST THE JUDGMENT AND AWARD DATED 15.04.2010
PASSED IN LACA NO. 103/2009 ON THE FILE OF THE I
ADDL. DISt AND SESSIONS JUDGE AT GULBARGA,
PARitY ALLOWING THE APPEAL AND MODIFYING THE
JUDGMENT AND AWARD DATED 14.09.2001 PASSED IN
LAC NO. 701/2000 ON THE FILE OF THE ADDL CIVIL
JUDGE (SR.DN.) AT GULBARGA.
THIS APPEAL COMING ON FOR ORDERS ThIS DAY,
THE COURT DELIVERED THE FOLLOWING:
JUDGMENT
The question involved in this appeal is maintainability of this appeal by the appellant, in whose favour an award is passed by the lower Appellate Court granting the entire amount of compensation which he had prayed for.
2. This Court had an occasion to consider this question in MSA No.629/2011 and other connected matters decided on 08.02.20 12. For the reasons set out 3 in the said judgment, this appeal is also not maintainable.
Accordingly, the appeal is dismissed.
safr Srt