THE DEPUTY GENERAL MANAGER v. SMT SHILPA W/O D. NAGARAJ BEFORE MARRIAGE SHILPA D/O JAYANNA R
MFA/105086/2023 · 2025-12-12
Geetha K B, S G Pandit
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85642 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85642 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:18107-DB MFA No. 105711 of 2023 C/W MFA No. 105086 of 2023 AND 5 OTHERS
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12TH DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
MISCELLANEOUS FIRST APPEAL NO.105711/2023 (AA) C/W MISCELLANEOUS FIRST APPEAL NO.105086 OF 2023 MISCELLANEOUS FIRST APPEAL NO.105087 OF 2023 MISCELLANEOUS FIRST APPEAL NO.105106 OF 2023 MISCELLANEOUS FIRST APPEAL NO.105109 OF 2023 MISCELLANEOUS FIRST APPEAL NO.105710 OF 2023 MISCELLANEOUS FIRST APPEAL NO.105714 OF 2023
IN MFA NO. 105711/2023:
BETWEEN:
1.
THE DEPUTY GENERAL MANAGER (TECH) AND PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, 2ND CROSS, SATTUR COLONY, VIDYAGIRI, DHARWAD-580004.
2.
THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NO.63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS, U.B.HILLS DHARWAD-580007. …APPELLANTS (BY SRI MRUTYUNJAYA TATA BANGI FOR SRI SHARANABASAVA ANGADI, ADVOCATE)
AND:
1.
GANAPATSA S/O. MAHADEV JARATAGHAR AGE. MAJOR, OCC. AGRICULTURE,
Digitally signed by BHARATHI H M Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.16 12:49:08 +0530
- 2 -
HC-KAR NC: 2025:KHC-D:18107-DB MFA No. 105711 of 2023 C/W MFA No. 105086 of 2023 AND 5 OTHERS
R/O. NEAR HDMC, OLD PTI OFFICE, MADAVPUR HUBBALLI, DIST. DHARWAD-580020.
2.
VISHNUSA S/O. MAHADEV JARATAGHAR AGE. MAJOR, OCC. AGRICULTURE, R/O. NEAR HDMC, OLD PTI OFFICE,
MADAVPUR HUBBALLI, DIST. DHARWAD-580020.
3.
THE ARBITRATOR FOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63 AND ADDITIONAL DEPUTY COMMISSIONER, DHARWAD-580001. …RESPONDENTS (BY SRI S.M. KALWAD, ADVOCATE FOR R1 AND R2;
SMT. KIRTHI LATHA PATIL, HCGP FOR R3.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT PASSED BY LEARNED V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI IN ARBITRATION PETITION NO.5023/2022 DATED 31.03.2023 IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,.
IN MFA NO. 105086/2023:
BETWEEN:
1.
THE DEPUTY GENERAL MANAGER, (TECH) AND THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, POJECT IMPLEMENTATION UNIT, 2ND CROSS, SATTUR COLONY, VIDYAGIRI, DHARWAD-580004.
2.
THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA,
- 3 -
HC-KAR NC: 2025:KHC-D:18107-DB MFA No. 105711 of 2023 C/W MFA No. 105086 of 2023 AND 5 OTHERS
NH-63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS, U.B.HILLS, DHARWAD-580007.
... APPELLANTS (BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI SHARANABASAVA ANGADI, ADVOCATE)
AND:
1.
SMT. SHILPA W/O. D. NAGARAJ BEFORE MARRIAGE SHILPA D/O. JAYANNA R., AGE. MAJOR, OCC. AGRICULTURE, R/O. 7, VIDYAVANA, NEAR RAMBAPURI, KALYAN MANTAP, VIDYANAGAR.
2.
THE ARBITRATOR FOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63 AND ADDITIONAL DEPUTY COMMISSIONER, DAHRWAD-580001. ...RESPONDENTS (BY SRI S.M. KALWAD, ADVOCATE FOR R1;
SMT. KIRTHI LATHA PATIL, HCGP FOR R2.)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT PASSED BY THE LEARNED V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI, IN ARBITRATION PETITIONER NO.5032/2022 DATED 31.03.2023, IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,.
IN MFA NO. 105087/2023:
BETWEEN:
1.
THE DEPUTY GENERAL MANAGER (TECH) AND THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, 2ND CROSS, SATTUR COLONY, VIDYAGIRI, DHARWAD-580004.
- 4 -
HC-KAR NC: 2025:KHC-D:18107-DB MFA No. 105711 of 2023 C/W MFA No. 105086 of 2023 AND 5 OTHERS
2.
THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS, U.B.HILLS, DHARWAD-580007.
... APPELLANTS (BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI SHARANABASAVA ANGADI, ADVOCATE)
AND:
1.
PARASHURAM S/O. DUNDUSA MISKIN AGE. MAJOR, OCC. AGRICULTURE, R/O. 281, ARAVING NAGARAM, 4TH CROSS, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD-580020.
2.
DATTUSA S/O. DUNDUSA MISKIN AGE. MAJOR, OCC. AGRICULTURE, R/O. 281, ARAVING, NAGAARM, 4TH CROSS, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD-580020.
3.
THE ARBITRATOR FOP NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63 AND ADDITIONAL DEPUTY COMMISSIONER, DHARWAD-580001. ...RESPONDENTS (BY SRI S.M. KALWAD, ADVOCATE FOR R1 AND R2;
SMT. KIRTHI LATHA PATIL, HCGP FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW THE APPEAL AND SET ASIDE THE
JUDGMENT DATED 18.04.2023, PASSED IN ARBITRATION NO.5020/2022 ON THE FILE OF THE V-ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,. - 5 -
HC-KAR NC: 2025:KHC-D:18107-DB MFA No. 105711 of 2023 C/W MFA No. 105086 of 2023 AND 5 OTHERS
IN MFA NO. 105106/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER, (TECH) AND THE PORJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, 2ND CROSS, SATTUR COLONY, VIDYAGIRI, DHARWAD-580004. 2. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA NH-63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS, U.B.HILLS, DHARWAD-580007. ... APPELLANTS (BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI SHARANABASAVA ANGADI, ADVOCATE)
AND:
1. ABUDAKAR S/O. MOHAMEDRAFIK BANKAPUR AGE. MAJOR, OCC. AGRICULTURE, R/O. “SIMPLEX MANSON”, MATSON SOFA, OPP. KASABAPET, POLICE STATION, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD-580020. 2. THE ARBITRATOR FOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63 AND ADDITIONAL DEPUTY COMMISSIONER, DHARWAD-580001. ...RESPONDENTS (BY SRI S.M. KALWAD, ADVOCATE FOR R1;
SMT. KIRTHI LATHA PATIL, HCGP FOR R2)
THIS MISCELLANEOUS FIRST APPEAL FILED UNDER SECTION 37(1) OF THE ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT PASSED BY THE LEARNED V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI IN ARBITRATION PETITION NO.5033/2022 DATED 31.03.2023, IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,. - 6 -
HC-KAR NC: 2025:KHC-D:18107-DB MFA No. 105711 of 2023 C/W MFA No. 105086 of 2023 AND 5 OTHERS
IN MFA NO. 105109/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER (TECH) AND THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, 2ND CROSS, SATTUR COLONY, VIDYAGIRI, DHARWAD-580004. 2. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS, U.B.HILLS, DHARWAD-580007. ... APPELLANTS (BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI SHARANABASAVA ANGADI, ADVOCATE)
AND:
1. TAKANAGOUDA S/O. NINGANGOUDA HOSAMANI AGE. MAJOR, OCC. AGRICULTURE, R/O. KOTAGONDHUNASHI, TQ. HUBBALLI, DIST. DHARWAD-580024. 2. THE ARBITRATOR FOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63 AND ADDITIONAL DEPUTY COMMISSIONER, DHARWAD-580001. ...RESPONDENTS (BY SRI S.M. KALWAD, ADVOCATE FOR R1;
SMT. KIRTHI LATHA PATIL, HCGP FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW AND SET ASIDE THE JUDGMENT DATED 18.04.2023, PASSED IN ARBITRATION NO.5027/2022, ON THE FILE OF THE V-ADDITIONAL DISTRICT AND SESSIONS JUDGE DHARWAD SITTING AT HUBBALLI, IN THE INTEREST OF JUSTICE AND EQUITY ETC.,.
- 7 -
HC-KAR NC: 2025:KHC-D:18107-DB MFA No. 105711 of 2023 C/W MFA No. 105086 of 2023 AND 5 OTHERS
IN MFA NO. 105710/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER, (TECH) AND THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT 2ND CROSS, SATTUR COLONY, VIDYAGIRI, DHARWAD-580004. 2. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA NH-63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS, U.B.HILLS, DHARWAD-580007. ... APPELLANTS (BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI SHARANABASAVA ANGADI, ADVOCATE)
AND:
1. JULIA W/O. MALCOM JOSEPH PINTO AGE. MAJOR, OCC. AGRICULTURE, R/O. NO.43/1, BEL VILLE, PINTO ROAD, HUBBALLI, DIST. DHARWAD-580020. 2. MOHAN S/O. MALCOM JOSEPH PINTO AGE. MAJOR, OCC. AGRICULTURE, R/O. NO.43/1, BEL VILLE, PINTO ROAD, HUBBALLI, DIST. DHARWAD-580020. 3. THE ARBITRATOR FOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63 AND ADDITIONAL DEPUTY COMMISSIONER, DHARWAD-580001. ...RESPONDENTS (BY SRI S.M. KALWAD, ADVOCATE FOR R1 AND R2;
SMT. KIRTHI LATHA PATIL, HCGP FOR R3)
THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO ALLOW AND SET ASIDE THE JUDGMENT
- 8 -
HC-KAR NC: 2025:KHC-D:18107-DB MFA No. 105711 of 2023 C/W MFA No. 105086 of 2023 AND 5 OTHERS
DATED 18.04.2023, PASSED IN ARBITRATION PETITION NO.5019/2022 ON THE FILE OF THE V-ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI, IN THE INTEREST OF JUSTICE & ETC.,. IN MFA NO. 105714/2023:
BETWEEN:
1. THE DEPUTY GENERAL MANAGER (TECH) AND PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, 2ND CROSS, SATTUR COLONY, VIDYAGIRI, DHARWAD-580004. 2. THE SPECIAL LAND ACQUISITION OFFICER, NATIONAL HIGHWAYS AUTHORITY OF INDIA NO.63, DHARA MAHAL, 1ST FLOOR, 5TH CROSS, U.B.HILLS, DHARWAD-580007. ... APPELLANTS (BY SRI MRUTYUNJAYA TATA BANGI, FOR SRI SHARANABASAVA ANGADI, ADVOCATE)
AND:
1. SHRI SHANKAR S/O. SHIVAPPA KOLIWAD AGE. MAJOR, OCC. AGRICULTURE, R/O. JANANI, NO.17, 1ST MAIN, KALYANA NAGAR, HUBBALLI, DIST. DHARWAD-580020. 2. THE ARBITRATOR FOR NATIONAL HIGHWAYS AUTHORITY OF INDIA, NH-63 AND ADDITIONAL DEPUTY COMMISSIONER, DHARWAD-580001.
...RESPONDENTS (SRI S.M. KALWAD, ADVOCATE FOR R1;
SMT. KIRTHI LATHA PATIL, HCGP FOR R2) THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT,
- 9 -
HC-KAR NC: 2025:KHC-D:18107-DB MFA No. 105711 of 2023 C/W MFA No. 105086 of 2023 AND 5 OTHERS
1996, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE JUDGMENT PASSED BY THE LEARNED V ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD SITTING AT HUBBALLI, IN ARBITRATION PETITION NO.5021/2022 DATED 18.04.2023, IN THE INTEREST OF JUSTICE AND EQUITY & ETC.,. THESE MISCELLANEOUS FIRST APPEALS COMING ON FOR HEARING ON INTERLOCUTORY APPLICATIONS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE S G PANDIT AND THE HON'BLE MRS JUSTICE GEETHA K.B.
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE S G PANDIT)
In all these appeals, learned counsel for appellants files memo dated 12.12.2025, which is signed by appellant No.1 Project Director of NHAI, which reads as follows:
“MEMO FOR WITHDRAWAL The counsel for the appellants most humbly submits that, the appellants does not intend to prosecute the top noted appeal. Hence this Hon’ble Court may be pleased to permit the appellants to withdraw the top noted appeal to meet the ends of justice and equity.”
2. In terms of the memo, these appeals stand
disposed of.
- 10 -
HC-KAR NC: 2025:KHC-D:18107-DB MFA No. 105711 of 2023 C/W MFA No. 105086 of 2023 AND 5 OTHERS
3. In view of disposal of appeals, pending interlocutory applications, if any, stand disposed of as they do not survive for consideration.
Sd/- (S G PANDIT) JUDGE
Sd/- (GEETHA K.B.) JUDGE MRK, CT: CMU LIST NO.: 1 SL NO.: 26