- 1 - HC-KAR NC: 2025:KHC:37557 RFA No. 464 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH REGULAR FIRST APPEAL NO. 464 OF 2021 (RES) BETWEEN: NARASEGOWDA S/O. LATE SRINIVASAIAH AGED ABOUT 50 YEARS R/AT SRINIVASA AGRAHARA VILLAGE K. SHETTIHALLI HOBLI SRIRANGAPATNA MANDYA DISTRICT – 571 807 …APPELLANT (BY SRI. SURESH S. LOKRE, SR. ADVOCATE FOR SRI.SOMNATH S. LOKRE, ADVOCATE) AND: 1. THE SPECIAL COURT ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAY BANGALORE-MYSORE DIVISION BASAVANAPURA RAMANAGARA DISTRICT -562 159 2. JAVAREGOWDA S/O. LATE DODDAIDEGOWDA AGED ABOUT 51 YEARS R/AT KALLIKOPPALU VILLAGE K. SHETTIHALLI HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT – 571 807 (SINCE DEAD BY HIS LRS.,) (AMENDED AS PER ORDER DATED 13.06.2022) 2(a). J.SWAMY S/O LATE JAVAREGOWDA AGED ABOUT 55 YEARS Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37557 RFA No. 464 of 2021 SRINIVASA AGRAHARA VILLAGE K.SHETTAHALLI HOBLI SRIRANGAPATNA TALUK MANDYA – 571 438 2(b). SUKANYA D/O LATE JAVAREGOWDA AGED ABOUT 48 YEARS BELLENAHALLI VILLAGE K.SHETTAHALLI HOBLI SRIRANGAPATNA TALUK MANDYA – 571 438 (SINCE DEAD, BY HER LRS., 2(a), 2(c) and 2(d) AS PER MEMO DT.18.09.2025 FILED BY APPELLANT) 2(c). DHANALAKSHMI D/O LATE JAVAREGOWDA AGED ABOUT 47 YEARS CHIKKAMASIDHIBIDI PANDUPURA TOWN MANDYA – 571 434 2(d). DAKSHAYINI D/O LATE JAVAREGOWDA AGED ABOUT 43 YEARS YALIYURU VILLAGE KOTHATHI HOBLI MANDYA DISTRICT – 571 401 …RESPONDENTS (BY SRI.SUNEEL S. NARAYAN, ADVOCATE FOR R2(a-d); SMT.SHILPA SHAH, ADVOCATE FOR R1) (VK NOT FILED) AS PER MEMO DT.18.09.2025 FILED BY APPELLANT, R2(b) IS REPORTED TO BE DEAD) THIS RFA IS FILED UNDER SECTION 96 OF THE CPC, AGAINST THE ORDER DATED 15.02.2021 PASSED IN MISC. NO. 62/2020 C/W MISC.NO.18/2018 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, MANDYA, ALLOWING THE PETITIONS FILED UNDER SECTION 3H(4) OF NATIONAL HIGHWAYS ACT, 1956 READ WITH SECTION 151 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37557 RFA No. 464 of 2021 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL JUDGMENT 1. Heard Sri Suresh S. Lokre, learned Senior Advocate for Sri Samarth S. Lokre, learned counsel for the appellant, Sri Suneel S. Narayan, learned counsel for the respondent Nos.2(a) to (d) and Smt. Shilpa Shah, learned counsel for the respondent No.1. 2. This Regular First Appeal is filed under Section 96 of the Code of Civil Procedure, 1908 (for short ‘C.P.C.’), against the judgment and decree dated 15.02.2021 passed in Misc.No.62/2020 c/w. Misc.No.18/2018, on the file of the Principal District and Sessions Judge, Mandya, allowing the petitions filed under Section 3H(4) of the National Highways Act, 1956 r/w Section 151 OF CPC. 3. Learned counsel for the appellant has filed a memo dated 18.09.2025, along with the copy of the death certificate, reporting the death of respondent No.2(b), leaving behind respondent Nos.2(a), (c) and (d) as legal representatives to represent her estate. The same is taken on record. Learned counsel for the appellant to amend the cause-title. - 4 - HC-KAR NC: 2025:KHC:37557 RFA No. 464 of 2021 4. During the pendency of the appeal, both learned counsels submit that the parties have settled the dispute amicably and filed a memorandum of compromise petition dated 18.09.2025 under Order XXIII Rule 3 of the Code of Civil Procedure. The same is taken on record. 5. The appellant and the respondent Nos.2(a), 2(c) and 2(d) are present and are identified by their respective counsels. The compromise petition is duly signed by the appellant, the respondent Nos.2(a), 2(c) and 2(d) and their respective counsels. 6. The averments of the compromise petition read thus: “UNDER ORDER XXIII RULE 3 OF THE CODE OF CIVIL PROCEDURE The Appellant and the Legal Representatives of the Respondent No.2, Respondent No.2 (a) (c) & (d) file the following Compromise Petition: (a) Both the Appellant and the LRs of the Respondent 2(a) (c) & (d) submit that they have Amicably settled their claims as regards the award of compensation payable by the Respondent No. 1 as regards the apportionment of their claims in regard to the - 5 - HC-KAR NC: 2025:KHC:37557 RFA No. 464 of 2021 Schedule acquired land of 08 Guntas in Sy. No 112 Kalli Koppalu village Srirangapatna Taluk for the formation of the Bengaluru-Mysore Expressway. (b) In terms of the compromise the parties pray that a decree be passed in the above Appeal and the Hon'ble Principle District And Sessions Judge at Mandya in Misc No. 62/2020 c/w Misc No. 18/2018 be hereby directed to record the compromise, modify the award and direct the Respondent No.1 The Special Court Acquisition Officer And Competent Authority National Highway, Bangalore Mysore Division Basavanapura, Ramanagara District to apportionment the Award in the manner stated here below and release the Payment thereof. (c) (i) The Appellant Sri. Narasegowda to receive a sum of Rs. 5,45,000/- (Rupees Five lakhs and forty- five thousand only) with Solatium, proportionate interest thereof by transferring the accrued amount to the account of the Appellant who shall furnish all requisite details to Respondent No. 1. (c)(ii) The Respondent LR No. 2(a) Sri. J Swamy S/O LATE JAVAREGOWDA, shall receive a sum of Rs. 5,00,000/-(Rupees Five Lakhs only) along with Solatium, proportionate interest from the Respondent No.1, directly Remitted to the Bank account of Sri. J Swamy who shall furnish all his bank account details. - 6 - HC-KAR NC: 2025:KHC:37557 RFA No. 464 of 2021 (c) (iii) The Respondent LR No 2 (c) Dhanalaksmi D/o Late Javaregowda and W/o R Girigowda Shall receive a sum of Rs.2,23,138/- (Rupees Two lakhs twenty- three thousand one hundred and thirty-eight only) along with solatium and proportionate interest from the first respondent Directly remitted to the bank account of Smt. Dhanalakshmi Who shall furnish all her bank account details. (c) (iv) The Respondent LR No 2 (d) Dakshayini D/o Late Javaregowda and W/o Y.K Shankar Shall receive a sum of Rs. 2,23,139/- (Rupees two lakhs twenty- three thousand one hundred and thirty-nine only) along with solatium and proportionate interest from the first respondent directly remitted to the bank account of Smt. Dakshayini who shall furnish all her bank account details. (d) Any further remaining award amount shall be distributed equally between Appellant and Respondent No.2 in the future. All claims as regards to the compensation are amicably settled accordingly this Hon'ble court may be pleased to Modify the award passed in Misc No 62/2020 c/w Misc No. 18/2018 Disposed date 15.02.2021. Both the parties pray that this Hon'ble court Be pleased to modify the award passed by the Hon'ble Principal District and Sessions Judge at Mandya Misc No. 62/2020 c/w Misc No. 18/2018 Order dated 15.02.2021 and direct the Respondent - 7 - HC-KAR NC: 2025:KHC:37557 RFA No. 464 of 2021 No.1 to pay the award/compensation as prayed for in the above compromise petition in the above case in the interest of Justice and Equity” 7. Having considered the submissions of the learned counsel for the respective parties and also the averments of the compromise petition, it is appropriate to record the compromise. 8. Accordingly, I proceed to pass the following: ORDER i) The Regular First Appeal stands disposed of in terms of the compromise. ii) Draw the decree accordingly. iii) No order as to costs. SD/- (S RACHAIAH) JUDGE Bss List No.: 3 Sl No.: 1