- 1 - HC-KAR NC: 2025:KHC:21103 MFA No. 4253 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO. 4253 OF 2025 (CPC) BETWEEN: RUDRARADHYA SON OF LATE CHIKKAVEERAIAH AGED ABOUT 58 YEARS AND RESIDING AT CHIKKANAHALLI VILLAGE, URDIGERE HOBLI, TUMAKURU 572 101 …APPELLANT (BY SRI. ABHINAY YT, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAY AND COMPETENT AUTHORITY FOR LAND ACQUISITION, NELAMANGALA TUMKUR ROAD, NATIONAL HIGHWAY 48 (OLD NO. 4), HEBBAL, BENGALURU 560 024 2. SMT. SIDDAMMA WIFE OF SIDDALINGAIAH AGED ABOUT 48 YEARS RESIDING AT CHIKKAHALLI VILLAGE, HIREHALLI POST, TUMKURU 572 101 3. CHIKKADOMMA SINCE DEAD BY LRS GOWRIKUMAR WIFE OF LATE RAVIKUMAR, AGED ABOUT 51 YEARS WORKING AT BSNL OFFICE, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21103 MFA No. 4253 of 2025 II FLOOR, ASHOKA ROAD, TUMKURU 572 101 4. VIJAYALAKSHMI DAUGHTER OF LATE PUTTANJINI @ PUTTANANJAPPA, WIFE OF RAMAIAH, AGED ABOUT 57 YEARS AND RESIDING AT SHARADEVI NAGARA, BELAGUMBA ROAD, TUMKURU 572 101 5. RAJESHWARI @ SIDDARAJAMMA HR WIFE OF LATE KRISHNAMURTHY AGED ABOUT 49 YEARS AND RESIDING NEAR MARUTHI PRINTING PRESS, KUVEMPUNAGARA, TUMKURU 572 101 6. SMT.HEMAKALA D DAUGHTER OF LATE PUTTANJINI @ PUTTANANJAPPA AGED ABOUT 45 YEARS AND RESIDING NEAR MARUTHI PRINTING PRESS, KUVEMPUNAGARA, TUMKURU 572 101 7. SMT.CH GANGAMMA WIFE OF VENKATESHA, AGED ABOUT 45 YEARS AND RESIDING AT CHIKKAHALLI VILLAGE, HIREHALLI POST, TUMKURU 572 101 8. SMT. NAGAMMA WIFE OF LATE SIDDAIAH AGED ABOUT 43 YEARS AND RESIDING AT CHIKKAHALLI VILLAGE, HIREHALLI POST, TUMKURU 572 101 9. HANUMANTHARAYAPPA SON OF THIMMAIAH AGED ABOUT 53 YEARS AND RESIDING AT CHIKKAHALLI VILLAGE, HIREHALLI POST, TUMKURU 572 101 - 3 - HC-KAR NC: 2025:KHC:21103 MFA No. 4253 of 2025 10. SMT.GOWRAMMA DAUGHTER OF CHIKKAVEERAIAH AGED ABOUT 65 YEARS AND RESIDING AT HALENJIGALLU, DEVARAHOSAHALLI POST, SOMAPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT 562 123 11. SMT. DC LALITHAMMA DAUGHTER OF CHIKKAVEERAIAH AGED ABOUT 58 YEARS AND RESIDING AT DEVAGERE VILLAGE, KUMBALAGOD POST, KENGERI HOBLI, BENGALURU SOUTH TALUK, BENGALURU 560 059 …RESPONDENTS THIS MFA IS FILED U/O.43 RULE 1(r) OF THE CPC, AGAINST THE ORDER DT.30.01.2025 PASSED ON IN CIVIL MISC. NO.252/2022 ON THE FILE OF THE VII ADDITIONAL DISTRICT JUDGE AND TUMAKURU, ALLOWING THE PETITION FILED U/S.3- H(4) OF NATIONAL HIGHWAYS ACT, 1956 R/W SEC.151 OF CPC AND ETC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C.M. POONACHA ORAL JUDGMENT Learned counsel for the appellant has filed a memo which states as follows: The appellant prays that this Hon’ble Court may kindly be pleased to permit the appellant to withdraw the above appeal, with liberty to prefer an appeal under order 43 Rule 1 of CPC; within a - 4 - HC-KAR NC: 2025:KHC:21103 MFA No. 4253 of 2025 period of 3 weeks and also seek exemption of period of limitation for the said period. WHEREFORE, the appellant prays that this Hon’ble Court may kindly be pleased to take this memo on record and grant liberty as prayed for, in the interest of justice and equity. 2. In view of the memo dated 18.06.2025, *Appeal is dismissed as withdrawn with liberty as aforementioned. Sd/- (C.M. POONACHA) JUDGE BS List No.: 2 Sl No.: 7 *Corrected vide chamber order dtd.06.09.2025