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. 629/2013 (LA)

BETWEEN :

KARNATAKA NEERAVARI
NIGAM LIMITED
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 YEARS,
                                :2:


     OCC: AGRICULTURE,
     EMPLOYEE OF AGRICULTURE
     UNIVERSITY, DHARWAD.
     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.447/2011 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.169/2009
ON THE FILE OF THE SENIOR CIVIL JUDGE,
BAILHONGAL, PARTLY ALLOWING THE PETITION
FILED U/SEC.18(1) OF LA ACT.

    I.A. NO.3/2013 IS FILED FOR CONDONATION OF
DELAY OF 166 DAYS IN FILING THE APPEAL.

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

    THIS M.S.A. A/W. I.As. 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. :3:

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 Appeal is dismissed as withdrawn.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 66(2)(c) as amended by the Karnataka Court Fees & Suits Valuation (Amendment) Act, 2014.

In view of withdrawal of appeal, I.A. Nos.3/2013 and 4/2013 do not survive for consideration and the same are dismissed as withdrawn.

Sd/-

JUDGE hnm

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