Karnataka Neeravari Nigam Ltd. vs The Special Land Acquisition Officer on 19 February, 2016

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Karnataka High Court

Karnataka Neeravari Nigam Ltd. vs The Special Land Acquisition Officer on 19 February, 2016

Bench: B.V. Nagarathna

                         :1:


        IN THE HIGH COURT OF KARNATAKA
                DHARWAD BENCH

     DATED THIS THE 19TH DAY OF FEBRUARY 2016

                      BEFORE

     THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA

               M.S.A. NO. 626/2013 (LA)

BETWEEN :

KARNATAKA NEERAVARI NIGAM LTD.
REPRESENTED BY ITS EXECUTIVE
ENGINEER, MLBCC DIV.NO.2,
NAVILUTEERTH,
TQ: SAUNDATTI,
DIST: BELGAUM.
                                          ... APPELLANT

(BY SRI : RAMESH N MISALE, ADVOCATE)

AND :

1.   THE SPECIAL
     LAND ACQUISITION OFFICER
     MALAPRABHA PROJECT-II
     SAUNDATTI
     NOW AT OPP.HINDI PRACHAR
     SABHA, U.B.HILLS, DHARWAD

2.   SIDDARUDH
     S/O. BASAVANNEPPA PATIL
     AGE: 54 YERAS,
     OCC: AGRICULTURE,
     EMPLOYEE OF AGRICULTURE
     UNIVERSITY, DHARWAD.
                                :2:


     R/O. KENGANUR,
     TQ. BAILHONGAL.
                                             ... RESPONDENTS

(BY SMT. VEENA HEGDE, GOVT. PLEADER FOR R1;
 SRI HANMANT R. LATUR, ADVOCATE FOR R2)

     THIS MSA IS FILED U/SEC.54(2) OF LA ACT 1894,
AGAINST THE JUDGEMENT & DECREE DTD:20.10.2012
PASSED IN L.A.C. NO.450/2011 ON THE FILE OF THE
PRINCIPAL DISTRICT JUDGE, BELGAUM, DISMISSING
THE APPEAL FILED AGAINST THE JUDGEMENT AND
DECREE DTD:31.07.2010 PASSED IN LAC NO.172/2009
ON THE FILE OF THE SENIOR CIVIL JUDGE,
BAILHONGAL, PARTLY ALLOWING THE PETITION
FILED U/SEC.18(1) OF LA ACT.

      I.A. NO.4/2013 IS FILED FOR GRANT OF STAY.

    THIS M.S.A. A/W. I.A. COMING ON FOR
ADMISSION, THIS DAY, THE COURT DELIVERED THE
FOLLOWING:

                         JUDGMENT

Appellant's counsel has filed a memo seeking permission to withdraw the appeal as the matter has been settled out of Court.

2. Memo is taken on record. Appeal is dismissed as withdrawn.

Office to refund 75% of the amount of Court fee paid in respect of the claim in the appeal to appellant in terms of Section :3: 66(2)(c) as amended by the Karnataka Court Fees & Suits Valuation (Amendment) Act, 2014.

In view of withdrawal of appeal, I.A. No.4/2013 does not survive for consideration and the same is also dismissed as withdrawn.

Sd/-

JUDGE hnm

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