- 1 - HC-KAR NC: 2025:KHC:31629 MSA No. 195 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA MISCELLANEOUS SECOND APPEAL NO. 195 OF 2024 (LA) BETWEEN: SRI LATE ANNAPPASWAMY S/O LATE CHANNABASAPPA SINCE DEAD BY LR'S 1. SMT. RENUKA W/O OF LATE ANNAPPASWAMY AGED ABOUT 56 YEARS R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK. HASSAN DIST-562 157 2. SMT. DRAKSHAYINI M R W/O LATE ANNAPPASWAMY W/O MANJUNATH S AGED ABOUT 37 YEARS R/AT 10, 2ND MAIN, BM SRI NAGAR, METAGALLI POST MYSORE- 570 016 3. SRI. SHASHIKUMAR S/O LATE ANNAPPASWAMY AGED ABOUT 36 YEARS R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK. HASSAN DIST- 562 157 4. SRI.MOHANAKUMARA S/O LATE ANNAPPASWAMY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31629 MSA No. 195 of 2024 AGED ABOUT 32 YEARS R/AT MUNDAGODU VILLAGE, KASABA HOBLI, ARAKALGUD TALUK. HASSAN DIST- 562 157 …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- 560 058 2. KAVERI NEERAVARI NIGAMA, K. R. S, ROAD, GOKULAM 4TH STAGE, MYSORE- 570 020 …RESPONDENTS (BY SRI. S.H.RAGHAVENDRA, AGA FOR R1; SRI. B.R. PRASHANTH., ADVOCATE FOR R2) THIS MSA IS FILED UNDER SEC.54(2) OF LAND ACQUISITION ACT., AGAINST THE JUDGMENT AND DECREE DATED 11.03.2016, PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, AT ARKALGUD, IN L.A.C.NO. 25/2014 AND JUDGMENT AND AWARD DAGED 18.04.2022 PASSED BY 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, IN LAC (APPEAL) NO.179/2017 BY ALLOWING THIS APPEAL AND ENHANCE THE COMPENSATION AMOUNT AT RS.45,000/- PER GUNTA, BY ALLOWING THE ABOVE APPEAL. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC:31629 MSA No. 195 of 2024 ORAL JUDGMENT Learned Additional Government Advocate and Sri. Prashanth B.R. accepts the notice for respondents No.1 and 2 respectively. 2. It is noticed that the first appellant was no more before the award came to be passed by the First Appellate Court as he died on 27.02.2021. 3. As such, Award passed against a person who is dead at the time of passing of award being dated 18.04.2022 is a nullity. 4. Therefore, the impugned order passed by the First Appellate Court needs to be set-aside on the ground of nullity and matter is to be remitted to the First Appellate Court for fresh disposal in accordance with law. - 4 - HC-KAR NC: 2025:KHC:31629 MSA No. 195 of 2024 5. Accordingly, the following Order: ORDER (i) Miscellaneous Second Appeal is allowed. (ii) Impugned Award in LAC No.14/2014 clubbed with LAC No.15/2014, LAC No.18/2014, LAC No.20/2014, LAC No.22/2014, LAC No.25/2014, LAC No.27/2014, LAC No.29/2014, LAC No.31/2014, LAC No.33/2014 and LAC No.34/2014 insofar as appellants, is hereby set-aside. (iii) Matter is remitted to the First Appellate Court for fresh disposal in accordance with law. In view of disposal of the appeal, I.As. do not survive for consideration. SD/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 19