* «..uPPv§;;2 KRIS»!-INA PR::m;=B:C3",
=.;m:;~1,~9::;s":rr;'B,;J;gP:;R-586 101.
_ (By S_i}'8H§§SH MALLAPUR, HCGP)
V' 'fif)§DER BATED 22.11.2806 PASSED IN MISC.NO.42/2004
--f.?'r}agE pmmon FILED (3/0 9 RULE 9 R/W SEQ151 OF czpc
T im RESTORE THE LAC £40,163/03 wH;<::H was CLOSED
FOR THE TIME BEING.
1
IN me 21:93 COURT OF KARNATAKA
CIRCUIT BENCH, GULBARGA V_ '
BATES THES THE 22% DAY OF JULYj : f r.- 4
BEFORE _ 4. V V
THE: HONTSLE i\rIR.JUS'I'iC=E vi.3'5'GA1$:.%§AT§iA?f{%_ _ 1'
MFA N0.239.5g42o07'{'LA<:1 V '
BETWEEN:
NEE-L-EKMMA
W/0 sHzvAsHAR.A'N..APP_;A G£~'1{;1,L£*~.j"--.. .
A<:;E:;57 YEARS; ot;t£;:A(;'§<I(3;J'LTURE"~
R/C:8HANT;..M312,'~<r{;:s;N_;:(;£, V ' »
D:sT:8;JAPuR»$_8'¢; 10:.» _ '_
. APPELLANT
(By s::.£as3-is-K.1é§";§2x§;x*.AN.9;S*::{§:'?rY, Adv.)
AND: « ' V ' 4'
sP&:«;:;;fA:, LAND Acfigifixsi-r1o:\z OFFICER,
§~?AMi7'URA, .N{}W._A'F §ND¥ RAILWAY STATEON,
RESPONDENT
MFA IS P’ILE{) U/S 41 OF CPS, AGAINST THE
GN’ THE FILE OF {I ADDL. JUDGE, BIJAPUR, DISMISSiNG
‘I’I%*£IS APPEAL COMING ON FOR AI)MiSSION THIS
BAY, THE COURT DELIVERED THE FOLLOWING:
3
reference psroceedings as according tn the appeilarit she
was the owner ef the land in Sy.No.162 by virme
judgment I’€I1{‘3.€1’6d in O.S.N0.85/92 and
the Appellate Ceurt in F£.A.No.41/95. %mi~,e«T
appeliarzt had every right to
gending before the referenee,CQurt.”” .B’ut,
the Court below did 81} these
aspects of filed by
the appenmfi; ~, 4. e
4f “”” fis«ii1t%,- ‘;i<'33.I'I1(":d Government
p1eacier "arg1'_1e(i though was declared
an be me 2;; respect of the Iand bearing
yet as the land acquired by the
Cxeveifniieiif "i5{es;neer11ed that area was excluded while
emit in CI.S.N0.85/92 on the ground that
sa'ic§ ':.portien was acquired by the Government.
'T_i'1e;'eiT3re, it is for the appellant to establish that she is
"-.".':V"e1§§r1er of mad bearigf Sy.No.162.
//"
4_/
5. in the light of the above submissi.Qns”nJfé–.d;€;-, _
am of the View that, restoration of reference ~ ..
is required, in the ends of:
IrA£1NoJ63/93 and theysanmfjs’1equfi§¢_toEbell
disposed of in accordance law batters both
sides an opportunity respect of
their rival contentions.
6. leaving open all
the contentions’ below is directed
to restore . Thereaftetwards, the
appellant is the said proceedings
also urespoi dent-SLAO to place the material in
taken by him after considering the
the respective parties. The reference
dispose of the matter Within a period of six
V’ “‘.n1onlth.s from the date of receipt of this order.
Sd/-
JUDGE
Tl.