- 1 - NC: 2025:KHC:15175 MFA No. 5489 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR MISCELLANEOUS FIRST APPEAL NO. 5489 OF 2022 (AA) BETWEEN: NATIONAL HIGHWAY AUTHORITY OF INDIA PIU-MANGALORE DOOR NO.3-29, BETHEL, THARETHOTA, NEAR PUMPWELL (NH-66), MANGALORE - 575 005. REPRESENTED BY ITS; PROJECT DIRECTOR. …APPELLANT (BY SRI. SHOBHITH N. SHETTY, ADVOCATE) AND: 1. SRI. SADASHIVA AITHAL S/O LATE. SEETHARAM AITHAL ANUGRAHA, MARDHOLI, NARIKOMBU VILLAGE, BANTWAL - 574 231. 2. THE COMPETENT AUTHORITY AND SPECIAL LAND ACQUISTION OFFICER (PRESENT ADDRESS) (N.H.A.I), N.H-75, HASAN-B.C. ROAD SECTION, NO. HIG-64, DTDC COURIER OFFICE BUILDING, 1ST FLOOR, KHB COLONY, Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15175 MFA No. 5489 of 2022 CHANNAPATTANA, OPP. KSRTC NEW BUS STAND, HASSAN - 573 201. (OLD ADDRESS) NH.48, HASSAN, B.C.ROAD SECTION, OPP. HDCC BANK, B.M.ROAD, HASSAN - 573 201. 3. THE DEPUTY COMMISSIONER AND ARBITRATOR DAKSHINA KANNADA DISTRICT, MANGALURU - 575 008. …RESPONDENTS (BY SRI. M. SUDHAKAR PAI, ADVOCATE FOR R2 & R3 ARE SERVED) THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND DECREE DATED:17.07.2021 PASSED IN A.P.NO.28/2020 THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAKSHINA KANNADA, MANGALURU, DISMISSING THE ARBITRATION APPLICATION FILED U/SEC.34(2) OF THE ARBITRATION AND CONCILIATION ACT, 1996 R/W 3G(6) OF N.H. ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:15175 MFA No. 5489 of 2022 CORAM: HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR ORAL JUDGMENT Learned counsel for the appellant has filed a memo seeking permission to withdraw this appeal, filed challenging order/award dated 17.07.2021 in A.P.No.28/2020. 2. Memo is placed on record. 3. In light of the memo and the submission of the learned counsel for appellant, the appeal is dismissed as withdrawn. SD/- (HANCHATE SANJEEVKUMAR) JUDGE AKV List No.: 1 Sl No.: 3 CT:SK