HC-KAR IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 24^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI MISCELLANEOUS FIRST APPEAL NO.100086/2024 (AA)

C/W MISCELLANEOUS FIRST APPEAL NOS. 105458/2023, 105460/2023 , 105463/2023, 100108/2024, 100109/2024, 100211/2024, 100212/2024, 100213/2024, 100307/2024, 100336/2024, 100377/2024, 100378/2024, 100379/2024, 100380/2024, 100381/2024, 100418/2024, 100419/2024 (AA)

IN MFA No. 100086/2024 BETWEEN:

NATIONAL HIGHWAYS AUTHORITY OF INDIA PIU-HOSPET, C-10, SHREE NILAYAM, 1^ST MAIN, 2^ND CROSS, VIVEKANANDA NAGAR, BEHIND RTO OFFICE, HOSPET – 583 201, Digitally signed by REPRESENTED BY ITS PROJECT DIRECTOR.

VISHAL NINGAPPA PATTIHAL … APPELLANT Location: High Court of Karnat aka, [BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR Dharwad Bench, SRI. RAKESH M. BILKI &

Dharwad SRI. MADHUMURTHY G.K., ADVS (APPEARED THROUGH V.C.)]

AND:

1. MR. T. YOUNIS S/O. HAJI T. AMEER, AGE. MAJOR, RESIDING BESIDE SASYA SHAMAL SCHOOL, SANKALAPURA, HOSPET, DIST: VIJAYANAGARA – 583 201.

2. THE ARBITRATOR AND ADDITIONAL DEPUTY COMMISSIONER, HC-KAR BALLARI DISTRICT, HUNGUND - HOSPET SECTION (NH-13), OFFICE OF THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, OPPOSITE RAILWAY STATION, BALLARI, KARNATAKA – 583 101.

3. THE SPECIAL LAND ACQUISITION AND COMPETENT AUTHORITY NATIONAL HIGHWAYS AUTHORITY OF INDIA, 4^TH MAIN ROAD, 5^TH CROSS, OPPO. GANGAPARAMESHWARI KALYANI MANTAPA, VIDYANAGAR, BALLARI, KARNATAKA – 583 104, REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICER.

… RESPONDENTS (BY SMT. ARCHANA A. MAGADUM, ADV. FOR SRI. ANANDKUMAR A. MAGADUM, ADV. FOR C/R1;

SRI. SHARAD V. MAGADUM, AGA FOR R2;

SRI SHIVASAI M. PATIL, ADV. FOR R3)

THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND CONCILIATION ACT, 1996, CALL FOR THE LOWER COURT RECORDS IN A.A.23/2022 ON THE FILE OF THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI; SET ASIDE THE JUDGMENT DATED 07^TH OCTOBER 2023 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI AT ANNEXURE – A; SET ASIDE THE DECREE DATED 17^TH OCTOBER 2023 PASSED BY THE PRINCIPAL DISTRICT AND SESSIONS JUDGE AT BALLARI AT ANNEXURE – B; CONSEQUENTLY, SET ASIDE THE ARBITRAL AWARD DATED 04^TH JULY 2022 PASSED BY THE 2^ND RESPONDENT IN CASE NO. LAQ/ ARBITRATION/ 07(29)/2012-13 AND LAQ-ARBITRATION/968/2013- 14 C/W LAQ- ARBITRATION/ 972/2013-14 AT ANNEXURE – D TO MEET THE ENDS OF JUSTICE; CONFIRM THE ARBITRAL AWARD DATED 14^TH OCTOBER 2015 PASSED BY THE 2^ND RESPONDENT IN CASE NO.LAQ/ARBITRATION/07(29)/2012-13 AND LAQ ARBITRATION/ 967/2013-14 C/W LAW- ARBITRATION / 972/ 2013-

14 AT ANNEXURE – C TO MEET THE ENDS OF JUSTICE AND ETC., IN MFA NO. 105458/2023 BETWEEN:

SRI. T. YUNIS ALIAS UNEES T. AMEER SAB, AGE: 54 YEARS, OCC: AGRICULTURIST, R/O: WHITE HOUSE RING ROAD, BESIDE SASYA SHAMALA SCHOOL, HC-KAR SANKALAPUR, HOSAPETE – 583 201, VIJAYANAGARA DISTRICT.

...APPELLANT (BY SMT. ARCHANA A. MAGADUM., ADV. FOR SRI. ANANDKUMAR A. MAGADUM, SRI. CHANDAN GOWDA, SRI. VARUN GOWDA, ADVS.)

AND:

1. THE COMPETENT AUTHORITY, AND SPL. LAND ACQUISITION OFFICER NATIONAL HIGHWAY AUTHORITY OF INDIA, VIDYANAGAR, 5^TH CROSS, 4^TH MAIN ROAD, OPPOSITE GANGAMMA TEMPLE, BALLARI DISTRICT – 583 275.

2. NATIONAL HIGHWAYS AUTHORITY OF INDIA PROJECT IMPLEMENTATION UNIT, HOSAPETE, C-10, SHREE NILAYAM, 1^ST MAIN, 2^ND CROSS, BEHIND RTO OFFICE, HOSAPETE – 583 104, REPRESENTED BY ITS GENERAL MANAGER.

3. THE DEPUTY COMMISSIONER AND ARBITRATOR UNDER NATIONAL HIGHWAYS ACT, BALLARI D.C. COMPOUND, BALLARI – 583 103.

...RESPONDENTS (BY SRI. JAYAKUMAR S. PATIL, SENIOR COUNSEL FOR SRI. RAKESH M. BILKI, ADV. FOR R2 IS APPEARED THROUGH VC SRI. SHARAD V. MAGADUM, AGA FOR R3;

SRI. SHIVASAI M. PATIL, ADV. FOR R1)

THIS MFA IS FILED U/S.37(1) (C) OF ARBITRATION AND CONCILIATION ACT, 1996, PRAYING TO, CALL FOR RECORDS AND SET ASIDE THE JUDGMENT AND AWARD PASSED BY LEARNED PRINCIPAL DISTRICT AND SESSIONS JUDGE, BALLARI IN A.A. NO. 12/2022 DATED 25.09.2023 AND TO SET ASIDE THE AWARD AND DECREE PASSED BY THE AD