- 1 - HC-KAR NC: 2026:KHC:30047 MFA No. 859 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 859 OF 2024 (AA) BETWEEN: NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT-MANGALORE DOOR NO.3-29, "BETHEL" THARETHOTA, NEAR PUMPWELL (NH-66) MANGALORE - 575 002 REP. BY ITS THE PROJECT DIRECTOR. …APPELLANT (BY SRI PRAKASHA ANGADI B.V., ADVOCATE) AND: 1. SRI MAXIM JOHN D'SOUZA S/O. LATE GABRIL D'SOUZA AGED ABOUT 42 YEARS R/AT NO. D'SOUZA COMPOUND SADASHIVA NAGARA SURATHKAL, MANGALURU. 2. THE ARBITRATOR AND DEPUTY COMMISSIONER D.K. DISTRICT MANGALORE - 575 001. 3. THE SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NHAI, N.G.O.S. BUILDING MINI VIDHANA SOUDHA COMPOUND MANGALURU - 575 001. …RESPONDENTS (VIDE ORDER DATED 01.04.2024, NOTICE TO R3 IS D/W; R2 - SERVED AND UNREPRESENTED) Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30047 MFA No. 859 of 2024 THIS MFA IS FILED U/S.37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DATED 21.11.2023 PASSED IN A.P.NO.60/2022 ON THE FILE OF I ADDITIONAL DISTRICT AND SESSIONS JUDGE, MANGALURU, DISMISSING THE ARBITRATION PETITION FILED U/S.34 OF THE ARBITRATION AND CONCILIATION ACT R/W ORDER VII RULE 1 OF CPC. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL JUDGMENT Learned counsel for appellant has filed a memo seeking withdrawal of this appeal. Placing the memo on record, the appeal is dismissed as withdrawn. In view of dismissal of the appeal, pending interlocutory application, if any, does not survive for consideration and the same pales into insignificance. Sd/- (PRADEEP SINGH YERUR) JUDGE CPN List No.: 1 Sl No.: 3