- 1 - HC-KAR NC: 2026:KHC:32665 MFA No. 758 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR MISCELLANEOUS FIRST APPEAL NO. 758 OF 2024 (AA) BETWEEN: 1. NATIONAL HIGHWAY AUTHORITY OF INDIA PIU-MAGALORE, DOOR NO. 3-29, BETHEL, THARETHOTA, NEAR PUMPWELL (NH-66), MANGALORE-575005 REPRESENTED BY ITS PROJECT DIRECTOR. …APPELLANT (BY SRI. SHOBHITH N SHETTY.,ADVOCATE) AND: 1. SRI. DIVAKAR, S/O LATE.M.PAKEERA, R/AT COCUNT GARDEN, MAROLI, KANKANADY POST, MANGALURU-575002 2. THE COMPETENT AUTHORITY AND SPECIAL LAND ACQUISITION OFFICER NATIONAL HIGH WAY-66 NGO BUILDING, NEAR CLOCK TOWER, MANGALURU,D.K DISTRICT-575001 Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32665 MFA No. 758 of 2024 3. THE DEPUTY COMMISSIONER AND ARBITRATOR DAKSHINA KANNADA DISTRICT, MANGALURU-575008. …RESPONDENTS (BY SRI.B.J.ESHWARAPPA., AGA FOR R3) (R2 SERVED) THIS MFA IS FILED U/S.37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, 1996, AGAINST THE JUDGMENT DT.06.11.2023 PASSED IN A.P.NO.188/2023 ON THE FILE OF THE IV ADDITIONAL DISTRICT JUDGE AND COMMERCIAL COURT, D.K, MANGALURU, DISMISSING THE ARBITRATION PETITION FILED U/S.34 OF ARBITRATION AND CONCILIATION ACT, 1996, R/W SEC.3G(6) OF NATIONAL HIGHWAYS ACT, 1956. 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 the appellant has filed a memo seeking withdrawal of the appeal. 2. The memo is accepted. - 3 - HC-KAR NC: 2026:KHC:32665 MFA No. 758 of 2024 3. The appeal is dismissed as withdrawn. Sd/- (PRADEEP SINGH YERUR) JUDGE RCK List No.: 1 Sl No.: 2