- 1 - NC: 2025:KHC:8864-DB M.F.A. No.1591/2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.1591/2020 (LAC) BETWEEN: SRI. SHIVASHANKAR S.A. SINCE DEAD REPRESENTED BY LR'S. 1. LAKSHMAMMA W/O LATE SHIVASHANKAR AGED ABOUT 80 YEARS. 2. SUNANDA DEVI S.S. D/O LATE SHIVASHANKAR S.A. AGED ABOUT 62 YEARS. 3. INDIRA NILAMANI D/O LATE SHIVASHANKAR S.A. AGED ABOUT 60 YEARS. 4. GITHABALI D/O LATE SHIVASHANKAR S.A. AGED ABOUT 60 YEARS. 5. S.S. HARISH BABU S/O LATE SHIVASHANKAR S.A AGED ABOUT 57 YEARS. 6. S.S. NAGARTHNAMMA D/O LATE SHIVASHANKAR S.A AGED ABOUT 55 YEARS. Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8864-DB M.F.A. No.1591/2020 7. S.S. ASHOK KUMAR S/O LATE SHIVASHANKAR S.A. AGED ABOUT 50 YEARS. APPELLANT NOS.1 TO 4 & 6 & 7 REPRESENTED BY GPA HOLDER S.S. HARISH BABU APPELLANT NO.5. ALL ARE RESIDENTS OF SRINIVASAPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK BANGALORE RUAL DISTRICT-562123. …APPELLANTS (BY SRI. PHANIRAJ KASHYAP, ADV.,) AND: 1. THE STATE OF KARNATAKA BY SPECIAL LAND ACQUISITION OFFICER V.V. TOWER, 3RD FLOOR DR. AMBEDKAR VEEDHI BANGALORE-560001. 2. THE DEPUTY CHIEF ENGINEER CONSTRUCTIONS, SOUTHERN RAILWAYS NO.18, MILLER ROAD BANGALORE-560046. …RESPONDENTS (BY SRI. M.S. ARUNA, HCGP FOR R1 SRI. GOWTHAMDEV C. ULLAL, ADV., FOR R2) THIS MFA IS FILED U/S.54(1) OF THE LAND ACQUISITION ACT, PRAYING TO CALL FOR RECORDS IN LAC NO.190/2009 ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AT NELAMANGALA. SET ASIDE THE JUDGMENT AND AWARD - 3 - NC: 2025:KHC:8864-DB M.F.A. No.1591/2020 DATED 17.12.2018 PASSED BY ADDL. SENIOR CIVIL JUDGE AT NELAMANGALA IN LAC NO.190/2009 AND CONSEQUENTLY REMAND BACK THE MATTER TO ADDL. SENIOR CIVIL JUDGE AT NELAMANGALA FOR TRAIL IN THE INTEREST OF JUSTICE AND EQUITY & 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 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) Learned counsel for the appellants has filed a memo dated 28.02.2025 seeking leave of the Court to withdraw the appeal. 2. The memo reads as under: "It is respectfully submitted that this Hon'ble Court be pleased to allow the appellant to withdraw the above case and grant leave to appellant to pursue the case before reference court in the interest of justice and equity." 3. Memo is placed on record. - 4 - NC: 2025:KHC:8864-DB M.F.A. No.1591/2020 4. In view of the said memo, the appeal is dismissed as withdrawn with liberty as sought for. Registry to refund the eligible Court fee as per law, on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 8