- 1 - HC-KAR NC: 2026:KHC:9432 WP No. 20342 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 20342 OF 2024 (GM-CPC) BETWEEN: 1. SMT. KG KANAKALATHA, W/O T S SURYAPRAKASH AGED ABOUT 61 YEARS R/O TSS COMPOUND, SJ ROAD JANNAPURA, BHADRAVATHI, SHIVAMOGGA DISTRICT PIN: 577301 2. SRI. K G KRISHNAMURTHY S/O LATE K. GURUMURTHY RAO C/O SMT. K G KANAKALATHA R/O TSS COMPOUND, SJ ROAD JANNAPURA BHADRAVATHI PIN: 577301 BY GPA HOLDER, SMT. KG KANAKALATHA W/O T S SURYAPRAKASH AGED ABOUT 61 YEARS, R/O TSS COMPOUND, SJ ROAD, JANNAPURA BHADRAVATHI SHIVAMOGGA DISTRICT PIN 577301 …PETITIONERS (BY SRI. KARTHIK S TAYUR, ADVOCATE) Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:9432 WP No. 20342 of 2024 AND: 1. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY, NATIONAL HIGHWAYS AUTHORITY OF INDIA NH-206, TUMKUR- SHIVAMOGGA PACKAGE IV, NT ROAD, SHIVAMOGGA, SHIVAMOGGA DISTRICT PIN 577202 2. MANJAPPA S/O LATE NARASIMHAIAH AGE MAJOR RESIDENT OF JANNAPURA VILLAGE BHADRAVATHI, SHIVAMOGGA DISTRICT PIN 577 301 3. DHARMARAJ N S/O LATE NARASIMHAIAH AGE MAJOR RESIDENT OF JANNAPURA VILLAGE BHADRAVATHI SHIVAMOGGA DISTRICT PIN 577 301 4. MAHALAKSHMI W/O GOVINDASWAMY AGE MAJOR RESIDENT OF JANNAPURA VILLAGE BHADRAVATHI SHIVAMOGGA DISTRICT PIN 577301 5. PUTTAMMA W/O RAMAIAHA MAJOR RESIDENT OF JANNAPURA VILLAGE BHADRAVATHI TALUK - 3 - HC-KAR NC: 2026:KHC:9432 WP No. 20342 of 2024 SHIVAMOGGA DISTRICT PIN 577301 6. LAKSHMANAGOWDA, S/O ANNAPPA CHELUVAGOWDA AGE MAJOR RESIDENT OF JANNAPURA VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT PIN 577301 7. RAJASHETTY S/O GUNDASHETTY AGE MAJOR, RESIDENT OF JANNAPURA VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT PIN: 577301 8. T S SHASHIKANTHA S/O SHIVAIAHA AGE MAJOR RESIDENT OF JANNAPURA VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT PIN: 577301 9. LEELAVATHI W/O DODDAIAHA AGE MAJOR RESIDENT OF JANNAPURA VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT PIN: 577301 10. J PRAMEELA W/O GUNDURAO AGE MAJOR RESIDENT OF JANNAPURA VILLAGE BHADRAVATHI TALUK SHIVAMOGGA DISTRICT PIN: 577301 - 4 - HC-KAR NC: 2026:KHC:9432 WP No. 20342 of 2024 11. NAGARAJ, S/O NARASIMAIAHA AGE MAJOR, RESIDENT OF JANNAPURA VILLAGE, BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT PIN: 577301 12. SHASHIKANTH S/O SHIVANNA AGE MAJOR, RESIDENT OF JANNAPURA VILLAGE BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT PIN: 577301 …RESPONDENTS (BY MISS. SHRUTI RAO, ADVOCATE FOR SMT. SHILPA SHAH, ADVOCATE FOR RESPONDENT NO.1; SRI HARSHA KUMAR GOWDA H.R., ADVOCATE FOR RESPONDENT NOS.2 AND 3; SRI VIJAY KRISHNA BHAT, ADVOCATE FOR RESPONDENT NO.4; VIDE ORDER DATED 31.08.2024, NOTICE TO RESPONDENT NOS.5 TO 12 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING FOR SETTING ASIDE THE IMPUGNED ORDER DATED 16.04.2024 PASSED BY THE 3RD ADDITIONAL DISTRICT AND SESSIONS JUDGE AT SHIVAMOGGA IN MISC NO.62/2021 AT ANNEXURE-H ON I.A NO.6 (UNDER ORDER XII RULE 6 CPC READ WITH ORDER XV CPC AND SECTION 3H OF THE NATIONAL HIGHWAYS ACT), AND ALLOW THE I.A NO. 6 (AT ANNEXURE-E) HOLDING THE - 5 - HC-KAR NC: 2026:KHC:9432 WP No. 20342 of 2024 PETITIONER NO.1 ENTITLED TO THE PETITION SCHEDULE ITEM 7 AMOUNT WITH ACCRUED INTEREST, IN THE INTEREST OF JUSTICE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: "1. Issue a WRIT OF CERTIORARI or such other writ order setting aside the impugned order dated 16.04.2024 passed by the 3rd Additional District & Sessions Judge at Shivamogga in Misc No.62/2021 at Annexure- H on IA No.6 (under Order XII Rule 6 CPC read with Order XV CPC and Section 3H of the National Highways Act), and allow the IA No.6 (at Annexure-E) holding the Petitioner No.1 entitled to the petition Schedule Item 7 amount with accrued interest, in the interest of justice; 2. Issue a WRIT OF CERTIORARI or such other writ order setting aside the impugned order dated 16.04.2024 passed by the 3rd - 6 - HC-KAR NC: 2026:KHC:9432 WP No. 20342 of 2024 Additional District & Sessions Judge at Shivamogga in Misc. No.62/2021 at Annexure- H dismissing IA No.5 (under Section 151 CPC), and allow the IA No.5 (at Annexure-B), thereby directing the splitting up of the common reference into distinct cases pertaining to each property; 3. Issue such other WRIT ORDER in favour of the Petitioners that this Hon'ble Court deem fit in the interests of justice and equity; 4. Costs and such other reliefs that this Hon'ble Court may be pleased to grant." 2. After arguing the matter for some time, the learned counsel for the petitioners submits that the petition may be disposed of with a direction to the Trial Court to dispose of the main Misc. No.62/2021 within a stipulated time frame by leaving / keeping open all contentions to be decided by the Reference Court in accordance with law. 3. The said submission is placed on record. 4. The petition stands disposed of directing the Reference Court to dispose of the main reference proceedings in - 7 - HC-KAR NC: 2026:KHC:9432 WP No. 20342 of 2024 Misc. No.62/2021 in accordance with law within a period of six months from the date of receipt of a copy of this order. 5. All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the merits / demerits of the rival contentions. Sd/- (S.R.KRISHNA KUMAR) JUDGE SMA/List No.: 3 Sl No.: 13