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Karnataka High Court

Sri Chikkasiddaiah S/O Late Lakkappa vs The Spl Land Acquisition Officer on 14 November, 2018

Author: S.N.Satyanarayana

Bench: S.N.Satyanarayana

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  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

    DATED THIS THE 14TH DAY OF NOVEMBER 2018

                     BEFORE

    THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA

              M.S.A.NO.75/2014(LAC)

BETWEEN:

SRI CHIKKASIDDAIAH
S/O LATE LAKKAPPA
AGED ABOUT 73 YEARS
R/AT CHIKKAMAVATHUR VILLAGE
HULIYURDURGA HOBLI
TUMKUR DISTRICT

SINCE DEAD REP BY LRS

1(a) SMT RUDRAMMA
     W/O LATE CHIKKASIDDAIAH
     AGED ABOUT 65 YEARS
     CHIKKAMAVATHUR VILLAGE
     DODDAMAVATHUR POST,
     HULIYURDURGA HOBLI,
     KUNIGAL TALUK
     TUMKUR DISTRICT

1(b) C.C.KRISHNAPPA
     S/O LATE CHIKKASIDDAIAH,
     AGED ABOUT 46 YEARS
     CHIKKAMAVATHUR VILLAGE,
     DODDAMAVATHUR POST,
     HULIYURDURGA HOBLI,
     KUNIGAL TALUK,
     TUMKUR DISTRICT
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1(c) C.C. SIDDALINGAMMA
     D/O LATE CHIKKASIDDAIAH
     AGED ABOUT 44 YEARS
     W/O C.E. SHIVALINGAIAH
     K.M.F. QUARTERS,
     RAJANAKUNTE,
     BANGALORE - 560064

1(d) C.C. GANGADARAIAH
     S/O LATE CHIKKASIDDAIAH
     AGED ABOUT 41 YEARS
     CHIKKAMAVATHUR VILLAGE,
     DODDAMAVATHUR POST,
     HULIYURDURGA HOBLI,
     KUNIGAL TALUK,
     TUMKUR DISTRICT

1(e) NANJAPPA
     S/O LATE CHIKKASIDDAIAH
     AGED ABOUT 38 YEARS
     # 229, 1ST MAIN, 1ST BLOCK,
     NAGARBHAVI 2ND STAGE,
     OPP. TO BHAGAVAN BUDDHA LAW
     COLLEGE HOSTEL,
     KOTTEGEPALYA,
     BANGALORE - 72

1(f) C.C.VEERABHADREGOWDA
     S/O LATE CHIKKASIDDAIAH
     AGED ABOUT 34 YEARS,
     CHIKKAMAVATHUR VILLAGE
     DODDAMAVATHUR POST
     HULIYURDURGA HOBLI
     KUNIGAL TALUK
     TUMKUR DISTRICT

    SINCE DEAD BY LRS

1(f)(i) NAYANA ALIAS NAGAMANI D.N,
        W/O LATE C.C. VEERABHADREGOWDA
                          -3-



       AGED ABOUT 27 YEARS,
       CHIKKAMAVATHUR VILLAGE,
       DODDAMAVATHUR POST,
       HULIYURDURGA HOBLI,
       KUNIGAL TALUK
       TUMKUR DISTRICT,

1(f)(ii) DISHA C.V.
         D/O LATE C.C. VEERABHADREGOWDA
         AGED ABOUT 2 YEARS,
         CHIKKAMAVATHUR VILLAGE,
         DODDAMAVATHUR POST,
         HULIYURDURGA HOBLI,
         KUNIGAL TALUK,
         TUMKUR DISTRICT,

       APPELLANT NO.1(f)ii IS MINOR
       REPRESENTED BY HER MOTHER &
       NATURAL GUARDIAN
       SMT.NAYANA ALIAS NAGAMANI D.N,
       THE APPELLANT 1(f)(i), HEREIN.

1(g)   C.C. SUDHA
       D/O LATE CHIKKASIDDAIAH,
       W/O RAMACHANDRAIAH,
       AGED ABOUT 30 YEARS,
       PALAAGRAHARA (P),
       NAGAMANGALA TALUK,
       MANDYA DISTRICT.

       APPELLANTS 1(a) & 1(f) ARE
       REPRESENTED BY ITS G P A HOLDER
       AND APPELLANT 1(E) HEREIN,
       SRI NANJAPPA
       S/O LATE CHIKKASIDDIAH
                                   ... APPELLANTS

(BY SRI SATHISH B, ADVOCATE)
                             -4-



AND

THE SPL. LAND ACQUISITION OFFICER,
TUMKUR SUB DIVISION,
TUMKUR.                       ... RESPONDENT


      THIS MSA IS FILED AGAINST THE JUDGMENT AND
DECREE DATED 04.02.2012 PASSED IN R.A.NO.47/2009
ON THE FILE OF THE I ADDITIONAL DISTRICT AND
SESSIONS JUDGE, TUMKUR, AND CONFIRMING THE
JUDGMENT AND AWARD OF THE TRIAL COURT DATED
01.08.2008 PASSED IN L.A.C.NO.92/2005 ON THE FILE OF
THE CIVIL JUDGE (SR.DN), KUNIGAL.

     THIS MSA COMING ON FOR FURTHER ORDERS THIS
DAY, THE COURT DELIVERED THE FOLLOWING:


                        JUDGMENT

Learned counsel for the appellants has filed a memo stating that the appeal is not maintainable since the order aggrieved is one revisable under Section 115 of CPC. Therefore, the present memo seeking permission to withdraw this appeal.

Memo is taken on record. Accordingly, the appeal is dismissed as withdrawn.

Sd/-

JUDGE nd/-