Allow Cookies!
By using our website, you agree to the use of cookies
It was while restoring the writ appeals dismissed by the Karnataka High Court as not pressed, the Supreme Court explained when and when not can dismissed appeals be withdrawn. In the present case the single bench allowing while allowing writ petitions by landowners had quashed the entire proceeding on the ground that there was delay on the part of Mysore Urban Development Authority in taking possession of the acquired land.
In the proceedings the landowners had prayed for dismissal of appeals contending that there was no need to contend the legality and correctness of the order of the single judge . Pursuing the resolution of MUDA the division bench had dismissed the appeals as withdrawn. Senior Advocate Dushyant Dave appeared before the apex court and said that the High court should have examined the matter on the basis of merits. The resolution does not show any expression of decision that had been taken to drop the lands in question from acquisition Proceedings. They also said that landowners have altered their position with respect to the lands in question. The bench thus observed that the appeals filed by MUDA could not have been dismissed as not pressed. The bench was headed by Justice Manohar Sapre and Justice S Abdul Nazeer. The bench further observed that the right to appeal is a prized and valuable right as it enabledhim to seeks adjudication on the basis of merits of the case. The bench lastly noted that if the appellant is a juristic entity of any Act, then strict adherence to the provisions of the same along with the Code of Civil Procedure must be observed.
86540
103860
630
114
59824