IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR.JUSTICE ASHOK G. NIJAGANNAVAR CRP NO.669 OF 2018 (LAC) BETWEEN:
1. Sri M. Siddappa S/o late Sri Maluraiah Aged about 64 years R/o Chikkayallanapalya Hulikunte Post Doddabelavangala Hobli Doddaballapura Taluk Bengaluru Rural District-561 203.
2. Sri. M. Yallappa S/o late Sri Maluraiah Aged about 62 years R/o Chikkayallanapalya Hulikunte Post Doddabelavangala Hobli Bengaluru Rural District-562 103. …Petitioners (By Sri R.B. Sadashivappa, Advocate) AND:
1. The Special Land Acquisition Officer and Competent Authority National Highways Authority of India NH-207, near Sriganda Petrol Bunk Sandekoppa Circle Nelamangala-562 123.
2. Sri Siddaraju S/o late Sri Beerappa Aged about 61 years R/o Chikkayallanapalya Hulikunte Post Doddabelavangala Hobli Doddaballapura Taluk Bengaluru Rural District-561 203.
3. Sri Hanumantharayappa S/o late Sri Papanna Aged about 63 years R/o Chikkayallanapalya Hulikunte Post Doddabelavangala Hobli Doddaballapura Taluk Bengaluru Rural District-561 203.
4. Sri Puttanjinappa S/o late Sri Papanna Aged about 60 years R/o Chikkayallanapalya Hulikunte Post Doddabelavangala Hobli Doddaballapura Taluk Bengaluru Rural District-561 203. …Respondents **** This Civil Revision Petition is filed under Section 115 of CPC against the order dated 30.11.2018 passed in Misc.(LAC) No.10001/2018 on the file of the IV Additional District & Sessions Judge, Doddaballapura, allowing the petition filed under Section 3-H(4) of the National Highways Act, 1956.
This petition coming on for Orders this day, the Court made the following:
ORDER Learned counsel for the petitioners has filed a memo seeking conversion of Revision Petition into Regular First Appeal in view of the law laid down in the case of Gowramma vs. The Special Land Acquisition Officer & Others in W.P.No.14374/2009.
2. Learned counsel for the petitioners submits that the present petition is filed against the order passed by the IV Additional District & Sessions Judge, Doddaballapura regarding the apportionment of the compensation amount. The Civil Court has passed impugned judgment on the reference made by the first respondent under Section 3-H(4) of the National Highways Act, 1956 is a decree within the meaning of Section 2(2) of CPC.
3. When a reference is made under Section 3(H)(4) of the Act, it partakes the nature of a suit. The Civil Court in the course of adjudicating the legal rights of the parties in the dispute has to adjudicate by applying the ordinary civil jurisdiction and Rules of Civil Procedure. The decree means a formal expression of adjudication by which the Court conclusively and finally determines the rights of the parties with regard to all or any of the matters in controversy in the suit. The civil Court in the impugned judgment finally adjudicated the rights of the parties. Therefore the impugned judgment is a decrees defined under Section 2(2) of the CPC.
4. In view of the submission of the learned counsel for the petitioners and in the light of the order passed in W.P. No.14374/2009, permission is granted to convert the Revision Petition into Regular First Appeal.
Accordingly, Revision Petition is disposed of for all statistical purpose.
Sd/- JUDGE SSD