- 1 - HC-KAR NC: 2025:KHC-D:10291 RP No. 100012 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA REVIEW PETITION NO. 100012 OF 2025 (-) IN M.F.A. NO. 103410 OF 2024 BETWEEN: 1. SMT. SANGAVVA W/O. LATE VEERABHADRAPPA CHINIVALAR, AGED ABOUT 48 YEARS, OCC: HOUSEWIFE, RESIDING AT H.NO.188, C/3, SAI COLONY, NEAR RAM LINGESHWAR TEMPLE, P.B. ROAD, UNKAL CROSS, HUBBALLI. 2. BASAVARAJ S/O. LATE VEERABHADRAPPA CHINIVALAR, AGED ABOUT 28 YEARS, OCC: STUDENT, RESIDING AT H.NO.188, C/3, SAI COLONY, NEAR RAM LINGESHWAR TEMPLE, P.B. ROAD, UNKAL CROSS, HUBBALLI. 3. RAJESH S/O. LATE VEERABHADRAPPA CHINIVALAR, AGED ABOUT 28 YEARS, OCC: STUDENT, RESIDING AT H.NO.188, C/3, SAI COLONY, NEAR RAM LINGESHWAR TEMPLE, P.B. ROAD, UNKAL CROSS, HUBBALLI. …PETITIONERS (BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE) AND: 1. KARNATAKA ROAD DEVELOPMENT CO-OPERATION LIMITED, 1ST FLOOR, K.S.F.C. BUILDING, RAYAPUR, DHARWAD. 2. IRANNA S/O. BASAPPA KALYANASHETTY, AGED ABOUT MAJOR, OCC: AGRICULTURE, RESIDING AT NO.18, C/3, SAI COLONY, SHRI NAGAR, UNKAL, HUBBALLI -31. …RESPONDENTS YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10291 RP No. 100012 of 2025 THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER 47 RULE 1 OF CPC PRAYING TO REVIEW THE JUDGMENT DATED 29.10.2024 PASSED IN M.F.A. NO.103410/2024 AND RESTORE THE SAME TO BE HEARD ON MERITS AND ETC. THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER The present review petition is filed under Section 114 read with Order XLVII Rule 1 of the Code of Civil Procedure, 19081, seeking review of the order dated 29.10.2024 passed in MFA No.103410/2024 whereunder this Court dismissed the appeal filed by the petitioner herein on the ground that the said appeal was filed beyond the statutorily permissible time limit as stipulated under Section 74 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 20132. 2. Along with the petition, I.A.No.1/2025 is filed under Section 5 of the Limitation Act, 1963 seeking condonation of delay of 70 days in filing the present petition. It is deposed in 1 Hereinafter referred to as ‘CPC’ 2 Hereinafter referred to as ‘Act of 2013’ - 3 - HC-KAR NC: 2025:KHC-D:10291 RP No. 100012 of 2025 the affidavit filed in support of the application that after coming to know of the disposal of the appeal and after securing a certified copy of the order, it was noticed that the same was passed due to a mistaken fact and hence, the delay in filing the petition is neither intentional nor bonafide. 3. Heard the submissions of the learned counsel Sri. Mallikarjunaswami B Hiremath for the petitioner. 4. The primary ground on which the present petition is filed is that the acquisition was under the Karnataka Highways Act, 1964 and the award was passed under Section 28 of the said Act and hence, it is contended that the Act of 2013 as well as the embargo stipulated under Section 74 of the Act of 2013 will not apply. 5. It is noticed that, in the appeal, notice was not issued to the respondents and the said appeal was disposed of after noticing the Section 74 of the Act of 2013. Having regard to the contention that the order under review has been passed under a mistaken factual aspect and since, the respondents were not notified in the appeal before the order dated 29.10.2024 dismissing the appeal was passed, it is expedient - 4 - HC-KAR NC: 2025:KHC-D:10291 RP No. 100012 of 2025 that for consideration of the present review petition as well as I.A.No.1/2025 also, the respondents need not be notified and the review petition as well as I.A.No.1/2025 be allowed so as to enable the appellants to prosecute the appeal on its merits. 6. In view of the aforementioned, the delay of 70 days in filing the review petition is condoned by allowing I.A.No.1/2025. 7. The above petition is allowed. The judgment dated 29.10.2024 in MFA No.103410/2024 is reviewed and recalled. The MFA No.103410/2024 is restored to file. 8. Post the appeal before the appropriate Court, within two weeks. Sd/- (C.M. POONACHA) JUDGE YAN CT-MCK List No.: 1 Sl No.: 1