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Judgment
Ram Mohan Reddy
Learned Counsel for the appellants files separate memos dt. 2/2/2012, in each of the appeals, which reads thus:
The appellant had filed the suit seeking the enforcement of the assurance given by the respondent that alternate site would be given for those who are displaced by the allotment of 55 acres of land in Sy.No. 1 of Vijayashri Pura Mysore to JSS Institution at Mysore and the trial court has decreed the said suit. The 1st appellate court has reversed the decree and dismissed the suit in view of the dispute regarding the acquisition of the land in Sy.No. 1 of Vijayshri Pura to an extent 99 acres 27 guntas which is pending before the Hon''ble Supreme Court of India. However there is a status quo order in that petition before the Hon''ble Supreme Court. In this appeal the appellant has sought for the reversal of the decree passed in the appeal and for restoration of the decree passed in the suit filed by him. In view of the status quo order passed by the Supreme Court even if the decree passed by the trial court is restored, it is incapable of execution.
WHEREFORE in the interest of justice the appeal may be disposed of with an obsewation that the appellant can workout his remedy by claiming an alternate site depending upon the out come of the challenge to the validity of the acquisition of land bearing Sy.No. 1 of Vijayshri Pura. If the acquisition is upheld by the Apex Court, the appellant may kindly be given an opportunity to claim an alternate site in terms of the approved scheme.
With the above observations the appeal may kindly be disposed off in the interest of justice and equity.
Learned Counsel submits that the appeals could be disposed of in the light of what is staled in the memo, since the suits instituted by the appellants for relief of declaration, was decreed by the trial court and reversed by the Lower Appellate Court.
Learned counsel for the respondent submits that the obserations which the appellants seek to be incorporated in the order, while disposing of the appeals is unavailable to the appellants since even according to the appellants, if the decree of the trial court is restored, nevertheless, cannot be executed in view of the status-quo order passed by the Supreme Court. According to the learned Counsel, the appeals deserves to be rejected.
Having heard the learned Counsel for the parties, perused the pleadings and examined the judgment and decree of the Lower Appellate Court and keeping in mind the statements in the memo supra, no substantial question of Jaw arise for decision making.
Appeals are accordingly dismissed.