- 1 - NC: 2025:KHC:1943-DB MFA No. 2166 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO. 2166 OF 2023 (LAC) BETWEEN: 1. S.T. VENKATAPPA DEAD BY HIS LR'S SMT. DODDAMMA W/O S.T. VENKATAPPA DEAD BY LR'S S.V. THIMMAIAH SINCE DEAD BY LR'S S.T. ARAVIND S/O LATE S.V. THIMMAIAH AGED ABOUT 45 YEARS DOCTOR R/AT. KALLAPPANAKERI SEEGEHATTI SHIVAMOGGA NOW AT "SHAMANA" 1ST MAIN ROAD BASAVESHWARNAGAR SHIMOGGA-577 202 2. S.V. KRISHNA S/O LATE S.V. THIMMAIAH AGED ABOUT 67 YEARS R/O. KALLAPPANAKERI SHIVAMOGGA-577 202 3. S.V. SATYAN DEV S/O LATE S.V. THIMMAIAH Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1943-DB MFA No. 2166 of 2023 AGED ABOUT 62 YEARS R/O. KALLAPPANAKERI SHIVAMOGGA-577 202 …APPELLANTS (BY SRI. NARAYANA BHAT M., ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA HOUSING BOARD BENGALURU-560 009 2. SMT. ASHWINI D/O LATE S.V. THIMMAIAH W/O ANANDA AGED ABOUT 51 YEARS R/O. NEAR CHOWDAMMA TEMPLE DURGIGUDI SHIVAMOGGA-577 204 …RESPONDENTS THIS MFA IS FILED U/S.54(1) OF LAND ACQUISITION ACT, AGAINST THE JUDGMENT AND AWARD DATED 07.12.2022 PASSED IN LAC No.15/2004 ON THE FILE OF THE PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA, PARTLY ALLOWING THE REFERENCE PETITION U/S.18 OF THE LAND ACQUISITION ACT AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC:1943-DB MFA No. 2166 of 2023 ORAL JUDGMENT (PER: MR. JUSTICE VIJAYKUMAR A. PATIL) Sri Narayana Bhat M., learned counsel appearing for the appellants seeks to return the appeal with liberty to file an appeal before the appropriate Court. 2. His submission is placed on record. 3. The appeal is dismissed as withdrawn with liberty to file an appeal before the appropriate Court. Registry is directed to refund the eligible Court fee and the certified copies produced in the appeal, forthwith, on substituting xerox copies. The appeal shall be filed within a period of eight weeks. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 30