MYSORE URBAN DEVELOPMENT AUTHORITY versus K.M. CHIKKATHAYAMMA & ORS.

MYSORE URBAN DEVELOPMENT AUTHORITY versus K.M. CHIKKATHAYAMMA & ORS.

Division Bench had no basis to dismiss MUDA’s appeals 'as not pressed' in absence of an express decision or authority from MUDA, and appeals should have been adjudicated on merits. The right to appeal cannot be compelled to be relinquished by respondents without clear legal basis.

Parties
Appellant: Mysore Urban Development Authority; Respondents: K.M. Chikkathayamma & Ors.
Jurisdiction
India
Judgment Date
07 September 2018
Procedural Posture
Civil Appeal / Appeal Against Division Bench Order Dismissing Intra Court Appeals 'as Not Pressed'
Outcome
Appeals allowed; impugned order set aside; appeals restored to original numbers.
Legal Topics
Quashing of Acquisition Proceedings, Right to Appeal, Withdrawal of Appeals, Jurisdiction of Appellate Court
Administrative Law Land Acquisition Quashing of Acquisition Proceedings Right to Appeal Withdrawal of Appeals Jurisdiction of Appellate Court

Case Brief

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Parties

Mysore Urban Development Authority

Appellant

K.M. Chikkathayamma & Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Division Bench Order Dismissing Intra Court Appeals 'as Not Pressed'

Legal Issues

  1. 1 Whether dismissal of appeals 'as not pressed' by Division Bench was proper
  2. 2 Rights of a litigant to prosecute an appeal
  3. 3 Requirements for withdrawal or abandonment of appeals by a juristic entity

Ratio Decidendi

Division Bench had no basis to dismiss MUDA’s appeals 'as not pressed' in absence of an express decision or authority from MUDA, and appeals should have been adjudicated on merits. The right to appeal cannot be compelled to be relinquished by respondents without clear legal basis.

Court Disposition

Appeals allowed; impugned order set aside; appeals restored to original numbers.

Orders

  • High Court requested to decide appeals on merits in accordance with law.
  • Any subsequent acts by respondents will not influence High Court's decision on merits.