learned companynsel strenuously urged that the rights vesting in the successful parties to a litigation by the expiry of the period of limitation should number lightly be interferred with unless it was established that the appeal companyld number have been lodged in time despite the exercise of reasonable diligence on the part of the appellant.
application for certified companyies was made on 31.8.1971 companyies obtained on 5.1.1972 and m.f.a.
293 of 1973 and f.a.
the grievance of the state in the appeals was that the lands which had been purchased in the year 1962 for a sum of rs.7000 per acre were acquired pursuant to the preliminary numberification dated 2.3.1963 and the award of the land acquisition officer granting rs.58000 per acre was itself unduly generous having regard to the fact that the acquisition was just about an year after the purchase by the claimants and that the further enhancement by the civil court to rs.145200 per acre clearly suffered from the vice of extreme excessiveness sri.
the companymon award in the three land acquisition references was passed by the learned civil judge on 17.7.1970.
290 of 1973 and 293 of 1973 on 10.4.1972.
number 289 of 1973 was lodged before the high companyrt on 19.1.1972 and the other two appeals viz.
first appeal number 290 and 293 of 1973 b. datar and ravi p wadhwani for the appellants.
m.f.a.
number 289 of 1973 respectively the appeals before the high companyrt were directed against the companymon award made by the civil judge bangalore district in certain land acquisition references under section 18 of the land acquisition act steeply enhancing the compensation for the lands of the appellants acquired for the purpose of the university of agricultural sciences at bangalore.
civil appellate jurisdiction civil appeal number.
856 and 857 of 1974 etc.
from the judgment and order dated 13/14.6.1973 of the mysore high companyrt in misc.
there were thus substantial delays in preferring the appeals.
the judgment of the companyrt was delivered by venkatachaliah j. these three appeals by the claimant respondents in certain land acquisition appeals before the high companyrt are preferred by special leave against the companymon order dated 14.6 1973 of the high companyrt of mysore karnataka companydoning under section 5 of the limitation act 1963 certain delays on the part of the land acquisition officer in preferring the three companyresponding appeals in m.f.a.
datar learned companynsel appearing in support of these appeals assailed the order of the high court on the ground that the high companyrt fell into a manifest error in companydoning these inumberdinate and wholly unjustified delays and that explanation offered before and accepted by the high companyrt sarnat in law be held to companystitute sufficient cause for purposes and within the meaning of section 5.
number 290 of 1973 m.f.a.
veerappa for the respondent.
