Dismissed¶46

Boraiah, v. Manjanna

Karnataka HC3 Nov 2025MFA/6591/2025

Case brief

AI extract

What is this about?

Karnataka High Court dismisses as withdrawn an MFA filed under Section 37 of the Arbitration and Conciliation Act, 1996 challenging the judgment and award dated 31-7-2025 of the Prl. District and Sessions Judge, Chitradurga in A.C.No.2/2019 (NHAI land-acquisition compensation for 2,424 sq. mtrs. in Sy.No.22, Mallapura Village); Court notes no arbitral award exists that can be challenged under Section 37 A&C Act; other legal remedies preserved. Keywords: withdrawal of appeal by memo, Section 37 A&C Act, no arbitral award, land acquisition compensation, SLAO NHAI, Chitradurga.

What did the court decide?

No substantive relief; the appeal was dismissed as withdrawn, with a clarification that the appellant remains free to avail all remedies otherwise available in law. ¶46

Boraiah, Vs Manjanna — Arbitration | Karnataka HC (2025)

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NC: 2025:KHC:44015-DB MFA No. 6591 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025 PRESENT

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THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

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AND

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THE HON'BLE MR. JUSTICE C.M. POONACHA

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MISCELLANEOUS FIRST APPEAL NO. 6591 OF 2025 (AA)

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BETWEEN:

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BORAIAH

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S/O SANNA MADAIAH

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AGED ABOUT 70 YEARS AGRICULTURIST

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R/O MUTHAYYANAHATTI VILLAGE GONUR POST

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CHITRADURGA TALUK - 577 501

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…APPELLANT

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(BY SRI GURUDATH V.R., ADVOCATE FOR SRI SPOORTHY HEGDE N, ADVOCATE)

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Digitally signed by AMBIKA H B Location: High Court of Karnataka

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AND:

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MANJANNA S/O B.C.CHINNAPPA AGED ABOUT 41 YEARS AGRICULTURIST

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GEETHAMMA

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D/O. B.CHINNAPPA AGED ABOUT 36 YEARS AGRICULTURIST

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RAKESH S/O B. CHINNAPPA AGED ABOUT 34 YEARS AGRICULTURIST

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NC: 2025:KHC:44015-DB MFA No. 6591 of 2025

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HC-KAR

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THIPPESWAMY S/O MANJANNA AGED ABOUT 27 YEARS AGRICULTURIST

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SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAYS AUTHORITY OF INDIA, (SLAO - NHAI) KSRTC DEPOT ROAD CHITRADURGA - 577 501

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MANJAMMA D/O. CHINNAPPA AGED ABOUT 41 YEARS AGRICULTURIST

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PALAMMA D/O. B.CHINNAPPA AGED ABOUT 40 YEARS AGRICULTURIST

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THIPPESWAMY S/O. B. CHINNAPPA AGED ABOUT 42 YEARS AGRICULTURIST

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RAJESH S/O. MANJANNA AGED ABOUT 25 YEARS AGRICULTURIST

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CHINNAPPA S/O. LATE BAYANNA AGED ABOUT 70 YEARS AGRICULTURIST

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ALL RESPONDENT No.1 TO 4 AND RESPONDENT No.5 TO 10 ARE R/O. MUTHAYYANAHATTI VILLAGE GONUR POST CHITRADURGA TALUK - 577 501.

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…RESPONDENTS

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NC: 2025:KHC:44015-DB MFA No. 6591 of 2025

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HC-KAR

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THIS MFA IS FILED UNDER SECTION 37 OF THE ARBITRATION AND CONCILIATION ACT, 1996 PRAYING TO SET ASIDE THE IMPUGNED JUDGEMENT AND AWARD DTD: 31-7-2025 PASSED BY THE PRL.DISTRICT AND SESSIONS JUDGE, AT CHITRADURGA IN A.C.NO.2/2019 AN CONSEQUENTLY, ALLOW THE ABOVE APPEAL AND AWARD THE COMPENSATION AMOUNT SO DEPOSITED BY THE NATIONAL HIGHWAY AUTHORITY, SLAO FOR ACQUIRING 2,424 SQR. MTRS. OF LAND IN SY.NO.22 OF MALLAPURA VILLAGE IN FAVOUR OF APPELLANT AND ETC.

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THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and

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HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL JUDGMENT

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

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The learned counsel appearing for the appellant has filed a

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memo seeking to withdraw the present appeal. The memo indicates that the appellant seeks liberty to file an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 [ A&C Act ]. However, it does not appear that there is any arbitral award, which can be challenged under Section 37 of the A&C Act.

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