- 1 - HC-KAR NC: 2026:KHC:28002 MFA No. 1139 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 1139 OF 2025 (LAC) BETWEEN: 1. SRI. VENKATASHAMI (SINCE DEAD BY L/R'S) (A) SMT. SUSHEELAMMA AGED ABOUT 54 YEARS D/O LATE VENKATASHAMI (B) SRI. NAGARAJ AGED ABOUT 50 YEARS S/O LATE VENKATASHAMI BOTH ARE RESIDING AT LAKSHMISAGAR VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT. …APPELLANTS (BY SRI. SHESHADRI N.S., ADVOCATE) AND: 1. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY (NHAI) (BENGALURU TO CHENNAI EXPRESS HIGHWAY) HEBBAL, BENGALURU. Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28002 MFA No. 1139 of 2025 2. SRI. H.P. VENKATESHAPPA AGED ABOUT 55 YEARS RESIDING AT LAKSHMISAGAR VILLAGE, TEKALHOBLI, MALUR TALUK, KOLAR DISTRICT. 3. SRI. VENKATESHAPPA AGED ABOUT 54 YEARS S/O DODDA ABBAIAH RESIDING AT LAKSHMISAGAR VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT. … RESPONDENTS THIS MFA IS FILED U/S 54(1) OF LAND ACQUISITION ACT PRAYING TO SET ASIDE THE ORDER DATED 11.07.2024 PASSED IN LAC.NO.50/2023 ON THE FILE OF THE PRL. DISTRICT AND SESSIONS JUDGE, KOLAR, FILED UNDER SECTION 3-H(4) OF NATIONAL HIGHWAYS ACT. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Heard learned counsel for the appellant. 2. This appeal is preferred by the appellant, who was the claimant No.6, challenging the judgment and - 3 - HC-KAR NC: 2026:KHC:28002 MFA No. 1139 of 2025 award dated 11.07.2024 in LAC No.50/2023. The Registry has raised an issue with regard to the maintainability of this appeal. The matter was referred to the Registrar (Judicial) to verify regarding the maintainability of this appeal, vide order dated 15.10.2025. 3. The report is submitted by the Registrar (Judicial) vide order dated 01.06.2026 by referring to WP.No.14374/2009 dated 21.07.2010 and RFA No.1349/ 2010, wherein it is held by this Court that any judgment, if passed under Section 3H(4) of the National Highways Act, would be deemed to be a decree. Therefore, the present miscellaneous first appeal would not lie, and any challenge to such appeal would have to be filed under Section 96 of CPC. 4. The objection raised by the registry is sustained. The appeal is dismissed as not maintainable. Liberty is reserved to prefer appropriate - 4 - HC-KAR NC: 2026:KHC:28002 MFA No. 1139 of 2025 appeal in accordance with law. Time spent herein shall be condoned. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 5