H S Parashivamurthy Since Dead By His Lrs ... vs The Special Land Acquistion Officer
2025 Latest Caselaw 1920 Kant

Karnataka High Court

H S Parashivamurthy Since Dead By His Lrs ... vs The Special Land Acquistion Officer on 1 August, 2025

                                               -1-
                                                       NC: 2025:KHC:29801-DB
                                                      COMAP No. 321 of 2025


                   HC-KAR



                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 1ST DAY OF AUGUST, 2025

                                            PRESENT
                         THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
                                              AND
                              THE HON'BLE MR. JUSTICE C M JOSHI
                             COMMERCIAL APPEAL NO. 321 OF 2025
                   BETWEEN:

                   H S PARASHIVAMURTHY,
                   SINCE DEAD BY HIS LRS.

                   i) SHIVAMMA,
                   W/O LATE H.S. PARASHIVAMURTHY,
                   AGED ABOUT 63 YEARS.

                   ii) H.P. MANJUVANI,
                   D/O LATE H.S. PARASHIVAMURTHY,
                   AGED ABOUT 39 YEARS.

                   BOTH ARE R/O SEEGEPALYA,
                   RAJATHADRIPURA POST, TIPTUR TALUK,
Digitally signed
by NANDINI R       TUMAKURU DISTRICT-572 114.
Location: HIGH                                                 ...APPELLANTS
COURT OF           (BY SRI YOGESH.V KOTEMATH, ADVOCATE FOR
KARNATAKA
                       SRI P.H VIRUPAKSHAIAH, ADVOCATE)

                   AND:

                   1.    THE SPECIAL LAND ACQUISTION OFFICER
                         AND COMPETENT AUTHORITY,
                         NATIONAL HIGHWAY AUTHORITY NO. 206,
                         BETTASHREE COMPLEX, ABOVE RENUKA SUPER
                         BAZAR, 1ST FLOOR, 60 FEET ROAD, SAPTAGIRI
                         LAYOUT, TUMAKURU-572 102.
                             -2-
                                     NC: 2025:KHC:29801-DB
                                   COMAP No. 321 of 2025


HC-KAR



2.   THE PROJECT DIRECTOR,
     NATIONAL HIGHWAY DEVELOPMENT CORPORATION,
     NH-206, TUMKUR-SHIMOGA DIVISION,
     NEAR RAILWAY GATE, BATAWADI,
     TUMKUR-572 103.

3.   THE DEPUTY COMMISSIONER
     AND ARBITRATOR,
     TUMAKURU DISTRICT,
     TUMAKURU-572 101.
                                           ...RESPONDENTS

     THIS COMAP IS FILED UNDER SEC.13(1-A) OF
COMMERCIAL COURTS ACT 2015, PRAYING TO SET ASIDE THE
JUDGMENT AND AWARD DATED 30.01.2025 PASSED BY THE V
ADDITIONAL DISTRICT AND SESSIONS JUDGE, TUMAKURU
(SITTING AT TIPTUR) IN ARBITRATION SUIT NO.10008/2024
BY ALLOWING THE CLAIM PETITION FILED          BY THE
APPELLANTS THEREIN OR IN THE ALTERNATIVE REMAND THE
MATTER TO THE 3RD RESPONDENT AUTHORITY FOR FRESH
CONSIDERATION.

    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 MR. JUSTICE C M JOSHI

                    ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appeal preferred by the appellants is against an

order passed by the Commercial Court. The same is

NC: 2025:KHC:29801-DB

HC-KAR

required to be renumbered as 'Miscellaneous First Appeal'

as per the memo filed by the appellants.

2. Accordingly, the Registry to renumber the present

appeal as "Miscellaneous First Appeal".

3. The learned counsel for appellants shall take all steps

to facilitate to convert the same. He shall also comply

with the office objections within a period of two weeks.

4. For all statistical purposes, the present appeal may

be considered as disposed of.

Sd/-

(VIBHU BAKHRU) CHIEF JUSTICE

Sd/-

(C M JOSHI) JUDGE

tsn*