- 1 - HC-KAR NC: 2025:KHC:48146-DB M.F.A. No.6847/2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL MISCELLANEOUS FIRST APPEAL NO.6847/2023 (LAC) BETWEEN: 1. GOWRAMMA W/O LATE THIMMAIAH AGED ABOUT 72 YEARS. 2. SRI. NANDA KUMAR S/O LATE THIMMAIAH AGED ABOUT 50 YEARS. 3. MANJUNATH S/O LATE THIMMAIAH AGED ABOUT 45 YEARS. 4. SMT. NAGARATHNA D/O LATE THIMMAIAH AGED ABOUT 60 YEARS. 5. SMT. MANJULA D/O LATE THIMMAIAH AGED ABOUT 57 YEARS. 6. SMT. LEELAVATHI D/O LATE THIMMAIAH AGED ABOUT 41 YEARS. APPELLANTS 1 TO 6 ARE R/AT NO.390 8TH MAIN ROAD M.T.B. AREA, JAYANAGAR Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:48146-DB M.F.A. No.6847/2023 4TH T BLOCK BANGALORE - 560041. …APPELLANTS (BY SRI. VIVEK SUBBA REDDY, SR. ADV., FOR SRI. PULAKESHI A.P. ADV.,) AND: 1. THE SLAO-2 KAIDB. 2. S.C. GOKARNA S/O LATE CHANDREGOWDA AGED ABOUT 62 YEARS KOTHANUR VILLAGE, BENGALURU. NO.006, RAHEJA CHAMBERS MUSEUM ROAD BANGALORE-560001. 3. STATE OF KARNATAKA AND TAHSILDAR BENGALURU SOUTH TALUK KANDAYA BHAVAN, K G ROAD BENGALURU - 560001. 4. BENGALURU METRO RAIL COROPORATION LTD KIADB. …RESPONDENTS (BY SRI. B.B. PATIL, ADV., FOR R1 SRI. AJAY J. NANDALIKE, ADV., FOR R2 SRI. MANJUNATH RAYAPPA, AGA FOR R3 SRI. VACHAN H.U. ADV., FOR R4) THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT, AGAINST, 1894, PRAYING TO CALL FOR ENTIRE RECORDS IN LAC NO.114/2022 ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE. SET ASIDE THE JUDGMENT AND AWARD DATED 12.07.2023 PASSED IN LAC NO.114/2022 ON THE FILE OF THE II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT BANGALORE BY ALLOWING THE PRESENT APPEAL & ETC. - 3 - HC-KAR NC: 2025:KHC:48146-DB M.F.A. No.6847/2023 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) Sri.Vivek Subba Reddy, learned Senior Counsel appearing for the appellants submits that they will withdraw this appeal and file a comprehensive suit before the competent Court and has filed a memo to that effect. 2. Memo reads as under: "It is submitted that the Appellants herein withdraw the above appeal with liberty to file a Civil Suit seeking appropriate reliefs against the Respondents herein in so far as Appellants rights over the acquired lands and compensation and recovery of the same is concerned, the same may be taken on record in the interest of justice and equity." 3. Memo is placed on record. - 4 - HC-KAR NC: 2025:KHC:48146-DB M.F.A. No.6847/2023 4. In view of the aforesaid submission and the memo, appeal is dismissed as withdrawn with the liberty to institute a suit in accordance with law. Registry shall refund the eligible Court fee to the appellants on proper identification. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 12