- 1 - HC-KAR NC: 2025:KHC:42587-DB COMAP No. 435 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL COMMERCIAL APPEAL NO. 435 OF 2023 (AA) BETWEEN: NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-TUMAKURU NHAI, NH-206 MAHALAKSHMI LAYOUT BATAWADI, TUMAKURU-2 REP. BY ITS PROJECT DIRECTOR ANUP SHARMA. …APPELLANT (BY SRI. PRAKASHA ANGADI B V., ADVOCATE) AND: 1. SMT. ASHWATHAMMA W/O LATE H T ADAVISWAMY AGED ABOUT 75 YEARS 2. SMT. H S SAVITHRAMMA W/O B M RAJASHEKARAIAH AGED ABOUT 62 YEARS 3. SMT. H S SATHYABHAMA W/O K KRISHNEGOWDA AGED ABOUT 54 YEARS RESPONDENTS NO. 1 TO 3 ARE R/AT HABBATHANAHALLI VILLAGE KASABA HOBLI, TUMAKURU TALUK TUMAKURU DISTRICT REP. BY THEIR GPA HOLDER SRI H A ASHWATHNARAYANA AGED ABOUT 45 YEARS Digitally signed by RUPA V Location: High Court Of Karnataka - 2 - HC-KAR NC: 2025:KHC:42587-DB COMAP No. 435 of 2023 R/AT HABBATHANAHALLI VILLAGE KASABA HOBLI, TUMAKUR TALUK TUMAKUR DISTRICT. 4. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKURU. 5. THE SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGHWAY AUTHORITY 206, BETTASHRI COMPLEX RENUKA SUPER BAZAR UPSTAIRS 1ST FLOOR, 60 FEET ROAD SAPTHAGURU LAYOUT TUMAKURU-2. …RESPONDENTS (BY SRI. GANESH KUMAR R., ADVOCATE FOR R1 TO R3; SRI. ADITYA VIKRAM BHAT, AGA FOR R4; R5-SERVICE OF NOTICE IS DESPENSED WITH VIDE COURT ORDER DATED 14.08.2024) THIS COMMERCIAL APPEAL IS FILED UNDER SECTION 13(1)(A) OF THE COMMERCIAL COURT ACT, PRAYING TO SET ASIDE THE JUDGMENT DATED 16/02/2023 IN THE SUIT COM.A.P.NO.03/2022 PASSED BY THE HONBLE I ADDL. DISTRICT AND SESSIONS JUDGE AT TUMKAURU AND ALLOW THE APPEAL WITH COST AND GRANT SUCH OF THE RELIEF AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THIS CASE, IN THE INTEREST OF JUSTICE. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - HC-KAR NC: 2025:KHC:42587-DB COMAP No. 435 of 2023 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the National Highways Authority of India (NHAI) challenging the order dated 16.02.2023 passed in Com.A.P.No.3/2022 by the I Additional District & Sessions Judge, Tumakuru (for short, 'the trial Court'). The trial Court allowed the application of the respondents No.1 to 3 vide order dated 16.02.2023. The relevant portion of the said order reads as under: "ORDER The petition filed by the petitioners U/or.34(2) of the Arbitration and Conciliation Act 1996 r/w 8 of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013 is hereby allowed as prayed for. Consequenlty the arbitral award No.LAQ.ARB/206/C.R./30/2019 dated:07.07.2021 passed by the 3rd respondent/Deputy Commissioner/arbitrator is hereby set aside. Further the matter is remitted back to the 3rd respondent/Deputy Commissioner/arbitrator, Tumakuru district for fresh disposal in accordance with law. 2. The 3rd respondent is directed to dispose the matter within three months from the date of receipt of this order. 3. Office is directed to send back the records to the 3rd respondent/Deputy Commissioner/arbitrator, Tumakuru with the copy of this order. 4. Draw decree accordingly." - 4 - HC-KAR NC: 2025:KHC:42587-DB COMAP No. 435 of 2023 2. Learned counsel for respondents No.1 to 3 filed a memo dated 25.10.2025 indicating that after the order of the trial Court, fresh award is passed by the Deputy Commissioner, Tumakuru District on 30.06.2025, which is annexed as Annexure-A to the memo. 3. In view of the aforesaid memo, the order dated 16.02.2023 impugned in this appeal has been complied. Hence, the appeal is dismissed as having become infructuous. In view of dismissal of the appeal, pending applications do not survive for consideration. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE BSR List No.: 1 Sl No.: 22