BALAPPA Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) M.A. No. 24 of 2001 filed in the District Court at Koppal was returned on the ground of want of pecuniary jurisdiction and for presentation before this Court. The said order was passed on 17-4-2006. However, the returned appeal memorandum was obtained only on 17-3-2012 and was presented in this Court on 19-3-2012, by paying further Court fee of Rs. 15/- and with defects. Heard the learned Counsel on both sides. Accepting the cause shown, delay in filing this appeal is condoned, denying interest for the delay period on the enhanced award amount, if any, to the appellants, as and when the appeal is decided. I.A. No. 1 of 2013 is allowed accordingly.

(2.) In view of Section 19 of the Karnataka Civil Courts Act, 1964, as amended by Act No. 26 of 2007 the appeal upto the value of Rs. 10,00,000/- could be filed in the District Court. Though the appeal was ordered to be returned, the return having been obtained only on 17-3-2012 and presented on 19-3-2012, in view of the said amendment, this appeal is required to be returned to the L.Rs of the deceased appellant for representation before the District Court at Koppal.

(3.) However, the L.Rs of the appellant have delayed the obtaining of the return of appeal memorandum and presentation of the appeal in this Court. That apart, they have paid the deficit Court fee of Rs. 4,862/-, only on 22-2-2013, the appellants are denied the interest on the enhanced compensation amount, if any, for the period commencing from 28-8-2007 till the deficit Court fee of Rs. 4,862/- was remitted on 22-2-2013.