- 1 - HC-KAR NC: 2026:KHC:17770 RFA No. 236 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ REGULAR FIRST APPEAL NO. 236 OF 2023 (RES) BETWEEN: 1. THE ASSISTANT COMMISSIONER (LAND ACQUISITION), KARNATAKA STATE HIGHWAY DEVELOPMENT PROJECT, GROUND FLOOR CRESENT TOWERS BEHIND MALLIGE NURSING HOME CRESCENT ROAD, BANGALORE - 01. 2. THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA STATE HIGHWAY DEVELOPMENT PROJECT, SUB-DIVISION GOWRISHANKARA NILAYA 1ST CROSS ROAD LEELAVATHI LAYOUT MADDUR - 571 428. 3. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 428. …APPELLANTS (BY SMT. HEMALATHA V., AGA) AND: 1. K. SWAMYNATH Digitally signed by HEMALATHA J Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17770 RFA No. 236 of 2023 S/O LATE KEMPORAIAH AGED ABOUT 50 YEARS 2. K. SIDDARAMAIAH S/O LATE KEMPORAIAH AGED ABOUT 62 YEARS 3. K DEVARAJU S/O LATE KEMPORAIAH AGED ABOUT 56 YEARS ALL ARE RESIDING AT S I KODIHALLI, KEREGODU HOBLI MANDYA DISTRICT - 571 428. …RESPONDENTS (BY SRI. RAJA L, ADVOCATE FOR R1 TO R3) THIS RFA IS FILED UNDER SECTION 96 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 16.02.2019 PASSED IN LAC NO.169/2016 ON THE FILE OF THE I ADDITIONAL SENIOR CIVIL JUDGE AND CJM, MANDYA, PARTLY ALLOWING THE APPEAL AND FILED AGAINST THE JUDGMENT AND AWARD DATED 13.10.2017 PASSED IN LAC.17/2016 ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MANDYA, PARTLY ALLOWING THE REFERENCE PETITION FILED UNDER SPECIAL LAND ACQUISITION ACT. THIS APPEAL, COMING ON FOR FURTHER ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 3 - HC-KAR NC: 2026:KHC:17770 RFA No. 236 of 2023 ORAL JUDGMENT The appellants have challenged the judgment and award dated 16.02.2019 passed in L.A.C.No.169/2016 by the I Additional Senior Civil Judge, CJM, Mandya. 2. In view of section 54 of the Land Acquisition Act, 1894, the appellant is bound to file a Miscellaneous First Appeal and not a Regular First Appeal under Section 96 of the Code of Civil Procedure. Hence, the appeal is dismissed as not maintainable. 3. It is open for the appellant to file an appeal before the concerned Court. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 34