ARKANIYAMMA, SINCE DECEASED BY HER LR., N. VELUSWAMY, S/O. LATE K.NALLIYANAGOUNDER Vs. NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT, NEAR JMIT, NH-4 (KM-201), CHITRADURGA-577502, REP. BY ITS PROJECT DIRECTOR, THE COMPETENT A

JUDGEMENT

(1.) THE appellant -claimant assailing the correctness of the impugned Judgment and order dated 07/01/2010 passed in Arbitration Case(A) No. 81/2007 by the Principal District Judge, Chitradurga, wherein, the Court below has set aside the award passed by the third respondent -Arbitrator, has presented this appeal,.The brief facts of the case are: the respondent Nos. 1 and 2 herein have filed an Arbitration case against claimant and the Arbitrator before the Principal District Judge, Chitradurga, in Arbitration Case (A) No. 81/2007 under Section 34(2) of the Arbitration and Conciliation Act, 1996, with a prayer to set aside the order passed by the third respondent -Arbitrator in No. ARB:C -R:56:2005 -06 dated 8.5.2007 in respect of the land to an extent of five guntas in Sy.No. 4/1B of Hiriyur village belonging to the appellant -claimant and which has been notified and acquired for widening of National Highways by first respondent through the competent authority. The said matter had come up for consideration before the Court below, which in turn, after considering the oral and documentary evidence has allowed the said appeal and set aside the order passed by the third respondent Arbitrator.

(2.) BEING aggrieved by the impugned judgment and order passed by the Court below, the appellant -claimant has presented this appeal.

(3.) LEARNED counsel appearing for the respondents, at the outset, submitted that the subject matter involved in this case is directly covered by the Judgment and award passed by the Division Bench of this Court dated 1st June 2011 in M.F.A. NO. 7297/2009 (Paramashivam dead by his Lrs. Vs. National Highways Authority of India and others). Therefore, they submitted that, following the aforesaid judgment passed by this Court, the instant appeal may also be disposed of.