- 1 - HC-KAR NC: 2025:KHC:34735 MSA No. 197 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO.197 OF 2024 (LA) BETWEEN: SRI LATE CHIKKEGOWDA SINCE DEAD BY LRS 1. SMT. KAMALAMMA W/O LATE CHIKKEGOWDA AGED ABOUT 66 YEARS R/AT MUNDAGODU VILLAGE, KATTIMALLENHALLI, ARAKALGUD TALUK HASSAN DIST – 573102 2. SRI. M.C. ERAPPA S/O LATE CHIKKEGOWDA AGED ABOUT 45 YEARS R/A 41, 1ST FLOOR, PRAKRUTHI LAYOUT KENCHENAHALLI, YELAHANKA BENGALURU-560064 3. SMT. GAYATHRI D/O LATE CHIKKEGOWDA W/O HARISHA AGED ABOUT 41 YEARS R/A NILAKUNDA, DODDABEMMATHI, ARKALGUD, HASSAN-573130 4. SRI. BASAVARAJU Digitally signed by R MANJUNATHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34735 MSA No. 197 of 2024 S/O LATE CHIKKEGOWDA AGED ABOUT 39 YEARS R/A MUNDAGODU, KATTIMALLENHALLI, HASSAN-573102 …APPELLANTS (BY SRI MANOJ KUMAR J Y, ADVOCATE) AND: 1. THE SPECIAL LAND ACQUISITION OFFICER H.R.P-2, 1ST FLOOR DEPUTY COMMISSIONER BUILDING HASSAN-560058 2. KAVERI NEERAVARI NIGAMA, K. R. S, ROAD, GOKULAM 4TH STAGE, MYSORE-570020 …RESPONDENTS (BY SRI GOPALKRISHNA SOODI, AGA FOR R1; SRI B.R.PRASHANTH, ADVOCATE FOR R2) THIS MSA IS FILED UNDER SECTION 54(2) OF LAND ACQUISITION ACT, AGAINST THE ORDER DATED 18.04.2022 PASSED IN LAC(APPEAL) NO.188/2017 ON THE FILE OF THE 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, PARTLY ALLOWING THE APPEAL AND MODIFYING THE JUDGMENT AND DECREE DATED 11.03.2016 PASSED IN LAC.24/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, ARKALGUD, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SECTION 18(1) OF LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:34735 MSA No. 197 of 2024 ORAL JUDGMENT Heard Sri Manoj Kumar J.Y., learned counsel for the appellants, Sri Gopalkrishna Soodi, learned Additional Government Advocate for respondent No.1 and Sri B.R.Prashanth, learned counsel for respondent No.2. 2. Though the matter is listed for consideration of the applications to bring the legal representatives of deceased late Chikke Gowda, who is the first appellant on record, it is noticed that before the First Appellate Court itself, Chikke Gowda died. The date of death being 20.06.2020, order of the First Appellate Court came to be passed on 18.04.2022. The impugned judgment insofar as the subject matter of the present appeal is concerned is nullity. 3. It is also noticed that beneficiary is not made as a party and such an appeal is not maintainable. Therefore, appellants in First Appellate Court are directed to implead beneficiary as a party or beneficiary may file an application and come on record. 4. As such, common judgment passed in LAC (Appeal) No.188/2017 needs to be set aside and matter is to be remitted - 4 - HC-KAR NC: 2025:KHC:34735 MSA No. 197 of 2024 to the First Appellate Court for fresh disposal in accordance with law after affording an opportunity to bring the legal representatives of Chikke Gowda in accordance with law. Accordingly, following order is passed: ORDER (i) Miscellaneous Second Appeal is allowed. (ii) Impugned judgment in LAC (Appeal) No.188/2017 on the file of III Additional District and Sessions Judge at Hassan is hereby set aside. (iii) Matter is remitted to the trial Court for fresh disposal in accordance with law in terms of the above order. (iv) Parties shall appear before the First Appellate Court without further notice on 24.09.2025. (v) In view of the disposal of the appeal, all the other pending applications are consigned to records. Sd/- (V SRISHANANDA) JUDGE MR