B K IDINABBA Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) M. F. A. No. 2502 of 1988 and M.F.A. (F.R.) No. 9154 of 1988 arise out of the common judgment and award made by the II Additional Civil Judge, Mangalore, in L.A.C. Nos. 1 of 1980 and 171 of 1978 respectively on 14-6-1988.

(2.) B.I. Idinabba is the appellant in both these appeals. He has sought for enhancement of compensation on the ground that the compensation awarded by the learned Civil Judge is on the lower side.

(3.) So far as M.F.A. (F.R.) No. 9154 of 1988 is concerned, it is seen from the order sheet that the appellant has preferred a Regular First Appeal against the judgment and award made by the learned Civil Judge in L.A.C. No. 171 of 1978. The amount involved in the appeal is less than rupees one lakh; therefore, the appeal has to lie before the District Judge, Managlore. This appeal was directed to be posted along with M.F.A. No. 2502 of 1988 by an order made on 17-11-1979. However, the appellant prays that since M.F.A. No. .2502 of 1988 has been admitted and posted for hearing, M.F.A. (F.R.) No. 9154 of 1988 may be retained on the file of this Court so that both the appeals may be heard and disposed of by a common judgment so that multiplicity of proceedings - One before the District Judge and the other before this Court - May be avoided. Therefore, we have taken both the appeals for hearing.