- 1 - NC: 2025:KHC-D:4827-DB MFA No. 101871 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA MISCELLANEOUS FIRST APPEAL NO.101871 OF 2016 (LAC) BETWEEN: THE SPECIAL LAND ACQUISITION OFFICER, BELAGAVI URBAN DEVELOPMENT AUTHORITY, BELAGAVI-590016. …APPELLANT (BY SRI. MURALIDHAR ATMARAM HULYAL, ADVOCATE) AND: 1. NARAYAN DUNDAPPA PAVASKAR, AGE: 60 YEARS, OCC: AGRICULTURE, RESIDENT OF HOUSE NO.74, SHIVAJI GALLI, KANGRALI K.H., BELAGAVI-590001. 2. GANGARAM DUNDAPPA PAVASKAR, AGE: 56 YEARS, OCC: AGRICULTURE, RESIDENT OF HOUSE NO.74, SHIVAJI GALLI, KANGRALI K.H., BELAGAVI-590001. 3. NAGAPPA KHIRU PAVASKAR, AGE: 75 YEARS, OCC: AGRICULTURE, RESIDENT OF MAHADEV ROAD, KANGRALI K.H., BELAGAVI-590001. 4. MARUTI S/O KHIRU PAVASKAR, AGE: 70 YEARS, OCC: AGRICULTURE, RESIDENT OF MAHADEV ROAD, KANGRALI K.H., BELAGAVI-590001. …RESPONDENTS (NOTICE TO R1 & R2-SERVED; R3 & R4-APPEAL STANDS ABATED) THIS MFA IS FILED UNDER SECTION 54(1) OF LA ACT 1894, PRAYING TO, ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:4827-DB MFA No. 101871 of 2016 AND AWARD DATED 10.03.2016 PASSED IN LAC NO.19/2007 BY THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM, BELAGAVI & ETC., THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S G PANDIT) Learned counsel Sri. M.A. Hulyal for the appellant has filed a memo dated 10.3.2025, which reads as under: “The appellant is not interested in prosecuting the above appeal. Hence, the appellant may kindly be permitted to withdraw the above appeal and it is humbly requested to refund the Court fee deposited by the appellant, in the interest of justice and equity.” Thereafter, this Court by order dated 10.3.2025 directed the appellant to file an affidavit as to why the present appeal was filed and why the appeal is being withdrawn. Today, an affidavit of SLAO dated 15.3.2025 is filed, which indicates that in an identical matter, the appeals were filed by the appellant as well as the claimants before this Court and against the judgment in those appeals, the appellant/Authority had taken up the matter before the Apex Court in SLP No.026897/2024 (Diary No.51824/2024), which - 3 - NC: 2025:KHC-D:4827-DB MFA No. 101871 of 2016 was dismissed by the Apex Court vide order dated 18.11.2024. In that view of the matter, it is stated that the appellant has filed the above memo seeking leave to withdraw the appeal. Memo dated 10.3.2025 seeking leave to withdraw the appeal is accepted. Accordingly, the appeal stands dismissed as withdrawn. Registry is directed to refund the admissible Court fee paid on the appeal to the appellant. Sd/- (S G PANDIT) JUDGE Sd/- (C.M. POONACHA) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 13