NATIONAL HIGHWAY AUTHORITY OF INDIA v. AISABI W/O IBRAHIM BEARY SINCE DEAD REP BY HER LRS HASAINAR SAHEB
Court: High Court of Karnataka
Bench: K.S. HEMALEKHA
Judgment date:
Case summary
High Court of Karnataka judgment dated 2026-04-23. NATIONAL HIGHWAY AUTHORITY OF INDIA v. AISABI W/O IBRAHIM BEARY SINCE DEAD REP BY HER LRS HASAINAR SAHEB....
Judgment text
- 1 - MFA No. 5596 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU RD DATED THIS THE 23 DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K. S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO. 5596 OF 2022 (AA) BETWEEN: NATIONAL HIGHWAY AUTHORITY OF INDIA, PIU - MANGALORE DOOR NO. 3-29, BETHEL THARETHOTA, NEAR PUMPWELL(NH-66), MANGALORE - 575 005 REPRESENTED BY ITS PROJECT DIRECTOR. …APPELLANT (BY SRI. SHOBHITH N. SHETTY, ADVOCATE) AND: AISABI W/O IBRAHIM BEARY Digitally signed by (SINCE DEAD REP. BY HER LRS) MAHALAKSHMI B M Location: HIGH COURT OF 1. HASAINAR SAHEB KARNATAKA S/O AISABI AGED ABOUT 58 YEARS 2. JOHARA A. K D/O AISABI AGED ABOUT 55 YEARS 3. AASMA DAUGHTER IN LAW OF AISABI AGED ABOUT 43 YEARS - 2 - MFA No. 5596 of 2022 4. AYISHA GRAND DAUGHTER OF AISABI AGED ABOUT 22 YEARS 5. HASEENA GRAND DAUGHTER OF AISABI AGED ABOUT 20 YEARS 6.
SIPANA GRAND DAUGHTER OF AISABI AGED ABOUT 20 YEARS ALL ARE RESIDING AT "AISABI COMPLEX", KANNUKERE, THEKKATTE VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT. 7. THE COMPETENT AUTHORITY AND ASSISTANT COMMISSIONER KUNDAPURA SUB DIVISION, KUNDAPURA. 8. THE DEPUTY COMMISSIONER AND ARBITRATOR, UDUPI DISTRICT, UDUPI. …RESPONDENTS (NOTICE TO R1, R2, R4 AND R5 IS HELD SUFFICIENT, VIDE ORDER DATED 09. 10. 2023; R1 TO R8 ARE SERVED) THIS MFA IS FILED UNDER SECTION 37(1)(c) OF THE ARBITRATION AND CONCILIATION ACT, AGAINST THE JUDGMENT AND DECREE DATED 30. 10. 2021 PASSED IN A. S. NO. 153/2016 ON THE FILE OF THE PRL. DISTRICT JUDGE AT UDUPI, DISMISSING THE ARBITRATION SUIT FILED UNDER SECTION 34 OF THE ARBITRATION AND CONCILIATION ACT 1996. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - MFA No. 5596 of 2022 CORAM: HON'BLE MRS. JUSTICE K. S.
HEMALEKHA ORAL JUDGMENT Learned counsel for the appellants has filed a memo for withdrawal which reads as under: "The appellant most respectfully submits that above case has been filed against respondents challenging order/award dated 30. 10. 2021 in A. S. No. 153/2016. Subsequently, the respondents filed an Ex. 59/2022 before Hon'ble District & Sessions Judge, Udupi, now the Ex. 59/2022 has been amicably settled before National Lok-Adalath on 14/03/2026 and Ex. 59/2022 has been closed as per the Memorandum of settlement dated 12. 03. 2026 and the appellant (NHAI) has deposited a sum of Rs. 7,95,000/- (Rupees Seven lakhs Ninety five thousand only) before Hon'ble District & Sessions Judge at Udupi. Therefore, appellant in the above case does not wish to proceed against the respondents in the above matter, therefore it is most respectfully prayed that this Hon'ble Court may kindly be pleased to dismiss the above case as withdrawn in the interest of justice and equity. " - 4 - MFA No.
5596 of 2022 2. The memo is duly signed by appellant as well as the learned counsel appearing for appellant respectively. 3. The said memo is taken on record. 4. In view of the above memo, the appeal is dismissed as withdrawn. Sd/- _____________________ JUSTICE K. S. HEMALEKHA SSD List No. : 1 Sl No. : 28
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