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IN THE HIGH COURT OF AT BENGALURU

DATED THIS THE 8TH DAY OF MARCH 2016

BEFORE

THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA

M.F.A. NO.6267/2015 (LAC)

BETWEEN:

Rozario Church, Represented by its Parish Priest, Pandeshwar, – 574 201. ... Appellant

[By Sri.Cyril Prasad Pais and Associates, Advs.,]

AND:

1. The Special Land Acquisition Officer, Mangalore City Corporation, Mangalore – 575 004.

2. Sharada R.Hegde, W/o. Dr.Rajesh Hegde, Major.

3. Sridevi Alva, D/o. U.T.Alva, Major, Pin Code – 575 004.

4. Rajkamal Semitha, W/o. NIshikanth Semitha,

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Major, Pin Code – 575 004. 5. Shibani Alva, D/o. U.T.Alva, Major, Pin Code – 575 004.

Respondents No.2 to 5 are residing at Kadri Kambla, Kadri, Mangalore. Represented by their GPA Holder Sri. Kumar Alva, Major, Pin Code – 575 004.

6. Rathnavarma Padival, S/o. Nemiraj Padival, R/at Mehor Bungalow, Balmatta, Mangalore – 575 001. …Respondents

This MFA is filed under Section 54 (1) of Land Acquisition Act against the judgment and decree dated passed in LAC No.21/2011, on the file of the 1 st Additional Senior Civil & Mangaluru, D.K., rejecting the claim against the claimants No.1 to 5 there in.

This MFA coming on for orders this day, the Court delivered the following:

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J U D G M E N T

In this appeal, office objection was raised regarding maintainability which was kept open. In the mean while, a memo is filed on 27.2.2016 by the learned counsel for the appellant seeking permission to withdraw the appeal with a liberty to present the appeal before appropriate Court having pecuniary appellate jurisdiction.

The memo is placed on record.

Accordingly, the appeal is dismissed as withdrawn reserving liberty to the appellant to present it before appropriate Court within one week from the date of receipt of certified copy of this order.

Sd/- JUDGE

RS/* CT-VR