IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE 2017 PRESENT THE HON’BLE MR. JUSTICE H.G.RAMESH AND THE HON’BLE MRS. JUSTICE K.S.MUDAGAL MISCELLANEOUS FIRST APPEAL NO.4394/2016 (AA) BETWEEN :
1. THE UNION OF INDIA BY ITS SECRETARY TO GOVERNMENT MINISTRY OF DEFENCE CENTRAL GOVERNMENT SECRETARIAT NEW DELHI-110 001 BY THE DEFENCE ESTATE OFFICER 2. THE ESTATE OFFICER KARNATAKA & GOA CIRCLE MINISTRY OF DEFENCE SRI K.KAMARAJ ROAD BANGALORE – 560 042 REPRESENTED BY THE DEFENCE ESTATE OFFICER ...APPELLANTS (BY SRI HARISHA M, ADVOCATE FOR SRI UNNIKRISHNAN.M, CGC [SENIOR PANEL]) AND :
1. SMT. RUKMINI W/O SRI LATE GOVINDARAJULU NAIDU, AGED ABOUT 57 YEARS RESIDING AT NO.33 GOVINDA BHAVANA, 1ST CROSS RAMAKRISHNA LAYOUT RAMAMURTHY NAGAR BANGALORE – 560 016 2. SMT. NAGARATHNA D/O P.HANUMANTHA NAIDU AGED ABOUT 47 YEARS 3. SMT. RAJESHWARI D/O P.HANUMANTHA NAIDU AGED ABOUT 45 YEARS 4. SRI P.H.SRINIVASALU SRI P.HANUMANTHA NAIDU AGED ABOUT 47 YEARS NO.2 TO 4 ARE RESIDING IN #5, HANUMANTHA NAIDU BUILDING, CHINNAPPA LAYOUT MUNIKALAPPA LANE RAMAMURTHY NAGAR BENGALURU – 560 016 5. THE SPECIAL LAND ACQUISITION OFFICER FOR ACQUISITIONS OF LANDS FOR DEFENCE DEPARTMENT PODIUM BLOCK, V.V.TOWERS VIDHANA VEEDHI BENGALURU – 560 001 ...RESPONDENTS (BY SRI M.R.VIJAYAKUMAR, ADVOCATE FOR R-1 TO R-3; SRI G.BALAJI NAIDU, ADVOCATE OF SEVEN HILLS LAW CHAMBERS FOR R4; SRI S.S.MAHENDRA, AGA FOR R5) THIS MFA IS FILED UNDER SECTION 11 OF REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952, AGAINST THE AWARD DATED 29.02.2016 PASSED IN ARBITRATION CASE NO.120/2015(NEW) 179/2008(OLD), ON THE FILE OF THE ARBITRAL TRIBUNAL, BENGALURU, ALLOWING THE CLAIM PETITION.
THIS MFA COMING ON FOR ORDERS, THIS DAY, H.G.RAMESH J., DELIVERED THE FOLLOWING:
JUDGMENT H.G.RAMESH, J. (Oral):
On 03.04.2017, a month’s time was granted for payment of the deficit court fee payable on the appeal memorandum failing which it was ordered that the appeal would stand dismissed. As the deficit court fee was not paid within the time granted, the appeal stood dismissed on expiry of the time granted. Hence, no further order is necessary.
Appeal dismissed.
Sd/- JUDGE hkh.
Sd/- JUDGE