- 1 - HC-KAR NC: 2026:KHC:34415-DB MFA No. 1730 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.1730 OF 2025 (AA) BETWEEN: DR. SHAMANURU SHIVASHANKARAPPA S/O SHAMANURU KALLAPPA, AGED ABOUT 93 YEARS, R/O #2633/1, BAKKESH HOUSE, MCC 'B' BLOCK, 7TH MAIN, 2ND CROSS, DAVANAGERE- 577001. …APPELLANT (BY SRI. HALASHETTI JAGADISH SIDRAMAPPA, ADVOCATE) AND: 1. DGM (TECH) & PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, NEAR JMIT, NH-48, CHITRADURGA-577501. 2. ARBITRATOR AND DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANGERE-577001. 3. SPECIAL LAND ACQUISITION OFFICER & COMPETENT AUTHORITY, NATIONAL HIGHWAYS AUTHORITY OF INDIA, KSRTC DEPOT ROAD, CHITRADURGA-577501. …RESPONDENTS (BY SMT. SRUTI C., ADVOCATE FOR R-1 & R-2; SMT. NILOUFER AKBAR, AGA FOR R-3) THIS MFA FILED IS UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, TO SET ASIDE THE Digitally signed by MAHALAKSHMI B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34415-DB MFA No. 1730 of 2025 IMPUGNED JUDGMENT DATED 03.12.2024 PASSED IN A.P.NO.05/2024 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE, ALLOWING THE PETITION FILED UNDER SECTION 34(2) OF ARBITRATION AND CONCILIATION ACT, 1996. THIS APPEAL COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The learned counsel for the appellant submits that the present appeal abates as the appellant has expired. 2. The legal heirs of the deceased appellant have not been brought on record. The appeal is accordingly disposed of as abated. 3. The pending interlocutory application also stands disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (K.S. HEMALEKHA) JUDGE MBM/List No.: 1 Sl No.: 41