The Deputy General Manager (Tech) vs Mallikarjun Aliyas Mallikarjunappa ...
2025 Latest Caselaw 11272 Kant

Karnataka High Court

The Deputy General Manager (Tech) vs Mallikarjun Aliyas Mallikarjunappa ... on 12 December, 2025

Author: S G Pandit

Bench: S G Pandit

                                                    -1-
                                                           NC: 2025:KHC-D:18099-DB
                                                           MFA No. 105364 of 2023


                         HC-KAR




                    IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                      DATED THIS THE 12TH DAY OF DECEMBER, 2025
                                            PRESENT
                             THE HON'BLE MR. JUSTICE S G PANDIT
                                               AND
                         THE HON'BLE MRS JUSTICE GEETHA K.B.
                   MISCELLANEOUS FIRST APPEAL NO. 105364/2023 (AA)
                        BETWEEN:

                        1.    THE DEPUTY GENERAL MANAGER
                              (TECH) AND THE PROJECT DIRECTOR,
                              NATIONAL HIGHWAYS AUTHORITY OF INDIA,
                              NH-63, PROJECT IMPLEMENTATION UNIT,
                              2ND CROSS, SATTUR COLONY,
                              VIDYAGIRI, DHARWAD-580004.

                        2.    SPECIAL LAND ACQUISITION OFFICER AND
                              COMPETENT AUTHORITY,
                              NATIONAL HIGHWAY-63,
                              DHARA MAHAL 1ST FLOOR, 5TH CROSS,
                              U.B.HILL, DHARWAD 580007.
Digitally signed
by BHARATHI H
M
                                                                 ...APPELLANTS
Location: HIGH
COURT OF
KARNATAKA
                        (BY SRI MRUTYUNJAY TATA BANGI FOR SRI SHARANABASAVA
DHARWAD
BENCH
Date: 2025.12.16
                        ANGADI, ADVOCATE.)
12:49:05 +0530



                        AND:

                        1.    MALLIKARJUN @ MALLIKARJUNAPPA
                              S/O. FAKKIRAPPA MALLADAD
                              AGE. 58 YEARS, OCC. AGRICULTURE,
                              R/O. NEAR CHETANA CANTEEN,
                              MASARI, GADAG 582101.

                        2.    RAJASHEKHARA @ RAJASHEKHARAPPA
                              S/O. FAKKIRAPPA MALLADA
                             -2-
                                    NC: 2025:KHC-D:18099-DB
                                    MFA No. 105364 of 2023


HC-KAR




     AGE. 46 YEARS, OCC. AGRICULTURE
     R/O. NEAR CHETANA CANTEEN,
     MASARI, GADAG 582101.

3.   SIDDALILNGAPPA @ SIDDALINGAPPA
     S/O. FAKKIRAPPA MALLADA
     AGE. 21 YEARS, OCC. AGRICULTURE,
     R/O. NEAR CHETANA CANTEEN,
     MASARI, GADAG 582101.

4.   THE DEPUTY COMMISSIONER
     AND ARBITRATOR, GADAG 582101.
                                         ...RESPONDENTS
(BY SRI S.M. KALAWAD, ADVOCATE FOR R1 TO R3;
SMT. KIRTHI LATHA PATIL, HCGP FOR R4.)

     THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER
SECTION 37(1) OF ARBITRATION AND CONCILIATION ACT,
1996, PRAYING TO ALLOW THIS APPEAL AND SET ASIDE THE
JUDGMENT DATED 01.02.2023, PASSED BY THE PRINCIPAL
DISTRICT AND SESSIONS JUDGE, GADAG, IN ARBITRATION
PETITION NO.144/2022 IN THE INTEREST OF JUSTICE AND
EQUITY.

    THIS APPEAL COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:

CORAM:   THE HON'BLE MR. JUSTICE S G PANDIT
         AND
         THE HON'BLE MRS JUSTICE GEETHA K.B.

                        ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S G PANDIT)

Learned counsel Sri Mrutyunjay Tata Bangi, appearing

on behalf of learned counsel Sri Sharanabasava Angadi for

appellant, submits that Court fee has been paid.

NC: 2025:KHC-D:18099-DB

HC-KAR

2. Learned counsel for the appellant files a memo

dated 12.12.2025, which is signed by appellant No.1 Project

Director of NHAI, which reads as follows:

"MEMO FOR WITHDRAWAL

The counsel for the appellants most humbly submits that, the appellants does not intend to prosecute the top noted appeal. Hence this Hon'ble Court may be pleased to permit the appellants to withdraw the top noted appeal to meet the ends of justice and equity."

3. In terms of the memo, the appeal stands

disposed of.

4. In view of disposal of the appeal, pending

interlocutory applications, if any, stand disposed of as they

do not survive for consideration.

Sd/-

(S G PANDIT) JUDGE

Sd/-

(GEETHA K.B.) JUDGE MRK, CT: CMU LIST NO.: 1 SL NO.: 4